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Full text of "The code of ordinances of the city of Mobile, with the charter and an appendix"

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AUBURN UNIVERSITY 
LIBRARIES 




Presented by 

Mrs. M. J. Hulbert 



SOHIEFFEUN 



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£^'^-L^C/C 



A 



T H E 



CODE OF ORDINANCES 



CITY OF MOBILE, 

Willi tbc tfljartct, 
' }^ ' If 

AND AN APPENDIX. 




PURSUANT TO AN ORDEU OF THE MAYOR, ALDERMEN, AND COMMON COUNCIL, 

BY THE HOX. ALEXANDER Mcm'STRY. 




jMOBILK: 
S. H. GOETZEL & CO., 37 DAUPHIN STREET. 

1859. 



Entered according to Act of Congress, in the year 1S5S, by 

S. H. GOETZEL & Co., 

Tn the Office of the Clerk of the District Court for the Southern District of Alab.Tina. 



2Sl MefJ Street 






THE CHARTER OF THE CITY OE MOBILE, 

In force in 1858, 

AM) THE 

OKDINANCES OF THE CITY OF MOBILE, 

AND 

AN APPENDIX, 
BY ALEX. MCKLXSTJIY. 

CONTAINING 

Ist. A Statenieut of the dates of the French, British, Spanish, and American 
occupation of Mobile. 

27. A list of the Govemors of that part of Alabama south of the 31st de"-ree of 
north latitude, witli the Commandants ot Mobile under the French, British and 
Spanish Governments, and the Presidents and Mayors of Mobile, since, to 1858 
and Collectors of United States Customs. 

3d. A list of the Members of the Legislature, and Countj Judges of Mobile 
County, to 18-58. 

4th. Acts of Congress i-elating to the French. British, and, Spanish grants in 
Mobile (ill Alabama, south of ike Zlvt degree of north latiturJe.) 

bth. Acts of Alabama relating to the City, not included in the Charter. 

6^/i.'"Acts, &c., with the Contract for the City Water- Works. 

7th. Gas Light Contract. 



Digitized by the Internet Archive 

in 2010 with funding from 

Lyrasis IVIembers and Sloan Foundation 



http://www.archive.org/details/codeofordinancesOOmcki 



THE 



C H A^ R T E R 



CITY OF MOBILE. 



/■ 



CHAPTER OF THE CITY OF MOBILE. 



AN ACT to consolidate the several Acts of Incorporation of the Gitj' of 
Mobile, and to alter and amend the same. 

Be it enacted by the Senate and House of Representatives (15th Janu- 
qf the State of Alabama, in General Assembly convened, section 1.) 
§1. That the corjDoration of the city of Mobile shall style of cor- 
hereafter consist of a mayor, board of aldermen, and 
board of common council, and shall be known and styled 
as the "mayor, aldermen and common council of the 
city of Mobile," and by their corporate name may sue and ^^ued^ ™'' 
be sued, implead and be impleaded, grant, receive, and do 
all other acts as natural persons, and may purchase and chtse^'pr'o- 
hold real, personal, and mixed property, not exceeding at ^^"^''" 
any one time five hundred thousand dollars, or dispose of 
the same for the benefit of said city, and may have and 
use a city seal, which may be broken or altered at city seal. 
pleasure. 

§ 2. Be it further enacted, That the limits and bound- section 2. 
aries of the said city of Mobile shall be as follows, to wit : — 

Commencinff at the north bank of Bayou Chetauo;ue at limits and 

'-' -JO boundaries. 

its mouth, thence running east to the east bank of Spanish 
river, thence down the east bank of said river to the 
extreme southern point of the island, thence south to a 
point which will intersect the south boundary of township 
No. 4, thence west to a point where a north line will strike 
the Bayou Chetaugue at the old portage, thence down the 
left bank of said bayou to the place of beginning. 

§ 3. Be it further enacted. That the said city of Mobile Section 3. 
shall be divided into seven wards, to be numbered and seven wards 
designated as Wards Nos. 1, 2, 3, 4, 5, 6, and 7 ; which 
wards shall be divided and bounded as follows ; — 



CHARTER. 



Ward No. 1. Ward No. 1 shall commence at the intersection of the 
eastern and northern boundary lines of the city, thence 
running southwardly along the east boundary line of the 
city to its intersection with the center of St. Louis street, 
thence westwardly along the center of St. Louis street to 
, its intersection with the center of Franklin street, thence 

northwardly along the center of Franklin street, to its 
intersection with the north boundary line of the city, thence 
along the said north boimdary line eastwardly to its inter- 
section with the east boundary line of the city, being the 
place of beginning. 

Ward No. 2. Ward No. 2 shall commence at the intersection of the 
east boundary line of the city and the center of St. Louis 
street, thence running southwardly along said east boundary 
line to its intersection with the center of St. Francis street, 
thence westwardly along the center of said St. Francis 
street to its intersection with the center of Franklin street, 
thence northwardly along the center of Franklin street to 
its intersection with the center of St. Louis street, thence 
eastwardly along the center of St. Louis street to its inter- 
section with the said east boundary line, being the place 
of beginning. 

Ward No. 3. Ward No. 3 shall commence at the intersection of the 
east boundary line of the city and the center of St. Francis 
street, thence running southwardly along said east boundary 
line to its intersection with the center of Conti street, 
thence westwardly along the center of Conti street to its 
intersection with the center of Franklin street, thence run- 
ning northwardly along the center of Franklin street to its 
intersection with the center of St. Francis street, thence 
eastwardly along the center of St. Francis street, to its 
intersection with the said east boundary line, being the 
place of beginning. 

Ward No. 4. Ward No. 4 shall commence at the intersection of the 
east boundary line of the city and the center of Conti 
street, thence running southwardly along said east boundary 
line to its intersection with the center of Munroe street, 
thence westwardly along the center of Munroe street to its 
intersection with the center of Franklin street, thence 



CHARTER. 



northwardly along the center of Franklin street to its in- 
tersection with the center of Conti street, thence eastwardly 
along the center of Conti street to its intersection with the 
said east boundary line, being the place of beginning. 

Ward No. 5 shall commence at the intersection of the ward no. s. 
east boundary line of the city and the center of Munroe 
street, thence running southwardly along said east boundary 
Kne to its intersection with the south boundary line of the 
city, thence westwardly along said south boundary line to its 
intersection with the center of Franklin street, thence 
northwardly along the center of Franklin street to its inter- 
section with the center of Munroe street, thence eastwardly 
along the center of Munroe street to its intersection with the 
east boundary line of the city, being the place of beginning. 

Ward No. 6 shall commence at the intersection ofwardNo. e. 
the south boundary line of the city and the center of 
Franklin street, thence running northwardly along the 
center of Franklin street to its intersection with the center 
of Dauj)hin street, thence westwardly along the center of 
Dauphin street, as far as the intersection of Wilkinson 
street, from which point continuing westwardly along the 
center of Spring Hill road to the west boundary line of 
the city, thence southwardly along the east boundary line 
of the city to its intersection with the south boundary line 
of the city, thence eastwardly along said south boundary 
line to its intersection with the center of Franklin street, 
being the place of beginning. 

Ward No. 7 shall commence at the intersection of the ward no. 7. 
center of Dauphin and Franklin streets, thence running 
westwardly along the center of Dauphin street as far as the 
intersection of Wilkinson street, from which point con- 
tinuing westwardly along the center of the Spring Hill 
road to the west boundary line of the city, thence north- 
wardly along said west boundary line to its intersection 
with the north boundary line of the city, thence eastwardly 
along said north boundary line to its intersection with the 
center of Franklin street, thence southwardly along the 
center of Frankhn street to its intersection with the center 
of Dauphin street, being the place of beginning. 



6 



CHARTER. 



(Section 4.) §4. Be it further enacted, Tliat no person or persons 
Eligibility of shall be eligible to the offices of mayor, aldennen or com- 



mavor, al- 
dermen and nion council aforesaid, unless he or they be free white male 

citizens of the United States of lawful ao-e, and shall 



oouncilmen. 
and qualifi 
cations. 



(Section 5.) 
(Feb. 9th, 
1852, Sec- 
tion 7.) 
Board of al- 
dermen. 
Of council- 
men. 



(1844. Sec- 
tion G.) 

Election of 
mayor and 
councilmen. 



have lived within the corporate limits of the said city at 
least twelve months immediately preceding the time of their 
election, and shall have j^aid into the city treasury a tax 
within the last municij)al year, unless exempted by law 
from the j^ayment of the same. 

§ 5. Be it further enacted, That the board of aldermen 
shall consist of (three) aldermen for each ward, and the 
board of common council shall consist of seven members to 
be elected as hereinafter provided. Provided, One of the 
said common councilmen shall reside in each of the several 
wards. 

§ 6. Be it further enacted, That the mayor of the said 
city and the seven common councilmen shall be elected by 
ballot in general ticket, by the free white male inhabitants 
Qualification of Said city, of or over the age of twenty-one years, who 
of voters. ^^^ citizcus of the United States, and have resided within 
the city at least twelve months immediately preceding the 
election, and who have paid into the city treasury a tax 
within the last municipal year previous to the election, 
unless exempted by law from the payment of the same ; 
and the aldermen aforesaid shall be elected by ballot, by 
the citizens of their respective wards, who shall be resj^ec- 
tively qualified as aforesaid ; but no person shall be so 
eligible to the office of aldermen, or qualified to vote for 
the same, unless he or they shall have been residents of the 
ward for at least twenty days immediately preceding the 
day of election. 

§ 7. Be it further enacted. That hereafter, commencing 
at the municipal election to be held in and for the city of 
Mobile, on the first Monday of December, 1852, the per- 
sons who shall be elected to fill the respective offices of 
mayor and common councilmen of said city shall hold their 
offices for the term of three years ; and that after the said 
Siiraen. clection in December, 1852, no general election shall be 
held for either of the offices of mayor and common council- 



Election of 

aldermen. 



Aldermen 
shall have 
resided 20 
days in the 
ward. 



(1852, Sec- 
tion 6.) 



Term of 
office of 
mayor and 



CHARTER. 



men offcener than once in three years, but that when a 
vacancy shall occur in the meantime in either or any of ho^fiuld. 
said offices, the same shall be filled in the manner now pre- ^"'^ ^^ ^^' ^^' 
scribed for the balance of the unexpired term for which 
such mayor or common councilman was elected, whose 
office shall be so vacant. 

§ 8. Be it further enacted, That hereafter, commencing (I852, seo- 
at the municipal election to be held in and for said citv 

•■■ . •' Election of 

on the first Monday in December, 1852, there shall be three awermen. 
aldermen elected for each ward in said city, by the qualified 
voters thereof respectively ; one of which said aldermen 
from each ward shall hold his office for the term of one 
year, and one for the term of two years, and one for the 
term of three years, from the date of said election in 1852, 
and no longer ; and that on or before the first Monday in 
November, 1853, the said three aldermen so elected for 
each ward, shall, in the presence of the board of aldermen, 
which shall be organized as now required, so far as may be, 
and in such manner as said board shall direct, determine 
by lot which one of said three aldermen for each ward shall 
hold his office for one, and which for two, and which for 
three years ; so that thereafter, commencing at the said 
election in 1853, one alderman from each ward, and no one elected 
more, shall be annually elected at the said municipal elec- ^""""^ ^' 
tion in each year, who shall hold his office for the term of 
three years, and no longer, all vacancies in said board of "Vacancy, 

•' ■' . "O'w filled. 

aldermen, by death or otherwise, to be filled in the manner 
pointed out by the laws now in force, and for the unexpired 
time of the persons whose office shall become vacant. 

§ 9. Be it further enacted, That the mayor, aldermen (ism, seo- 
and common council for the time being shall appoint three Three k- 
inspectors for each ward in the city, to preside at the elec- pointe[uo^' 
tion for mayor, aldermen and common council ; the certifi- tionslor' 
cate of which inspectors shall state the number of votes cerufillteof 
taken, and who are the highest on the list. And said cer- ^''=''''°°- 
tificate being filed with the clerk of the said city of Mobile, 
shall be conclusive evidence as to those who are elected 
mayor, aldermen and common councilmen for said city, and 
within three days after the said, or any subsequent election. 



8 CHARTER. 

each person wlio shall be elected shall take the following 

^cfn^'ereet'eT '^^^^^ ' — I ^0 solemnlj swcai' or affirm that I will truly and 

uact&c" faithfully execute the duties of mayor, alderman or common 

with cit) . councilman (as the case may be) as jDrescribed in this Act, 

and that I will not during my continuance in ofiice be 

dii'ectly or indirectly engaged in any contract with the 

corporation, or sell to or buy from it in any estate, interest, 

or matter whatever ; and all contracts entered into in 

(1840, Sec- ' 

tion 10.) which any officer or member of the corporation other than 
be void"^ *° for efficient members, either directly or indirectly, shall be 

void. 

(1844, Sec- § 10. Be it further enacted, That the mayor for the 

*"'" ^'^ time being shall give ten days' public notice, by advertising 

election" giv- in somc public ucwspapcr printed in the said city of Mobile, 

yma>or^^_ by postiug up such uoticc in two or more of the most 

public places within said city, of the time and place of 

holding said elections, which elections must be holden in 
(1824, Sec- the several wards of the said city, and the said inspectors 

or iudges shall have full power and authority to keep order 

Inspectors JO i j l 

to kee^"^^'^ at the place of holding said elections, and to commit to the 
peace. jg^^]^ ^^ ^]^g couuty, for a time not exceeding forty-eight 
hours, any person who shall attempt to make, or make, any 
disturbance at the place of holding the said elections, so 
as to interfere with the peaceable and orderly conducting 
Duty of of said elections, and the sheriff of the county of Mobile, 
the city the city marshal, and the police constable appointed by the 
city of Mobile, are hereby commanded to obey and cany 
into execution, all process issued by the said judges or in- 
spectors as aforesaid, in pursuance of this Act, and if there 
should be an equal number of votes between any two or 
more persons who shall have been voted for at said election, 
and the choice of mayor, aldermen or common councilmen, 
or any or either of them is prevented thereby, the said 
judges or inspectors shall declare the fact, and shall issue 
notice in the same manner and form as is required by this 
Act for the regular election, for a new election to fill the 
vacancy occasioned by those having an equal number of 
votes. 

(1844, See- S 11. .Be it further enacted, That the polls for said elec- 
tion 9.) *^ 



CHARTER. 



tion of mayor, aldermen and common councilmen, shall bepoUstobe* 
kept open from eight o'clock in the morning until four tvom eight to 
o'clock in the evening, and no longer, for the reception of 
ballots ; and on closing the polls the judges shall proceed 
immediately, and in a public manner, to count the ballots, ^j^^^ ^^^.j. 
and when the certificate of the said judges or inspectors ^"j^ifcgrk^ 
shall be filed as aforesaid, the clerk shall immediately give one^to "foT 
to each person a certificate of his having been duly elected. efJoTed. 

§ 12. Be it further enacted, That if any municipal elec- (1852. sec- 
tion shall be contested in the city of Mobile, it shall be ""^ ''' 
before the judge of the circuit court of the Mobile district, ipai election 
or judge of the ci?y court of Mobile. Testimony may be 
taken by a justice of the peace or before a commissioner mony may 
apj)ointed by the judge trying the cause for that purpose, 
or may cause the witnesses to come before him and depose 
in the case. 

§ 13. Be it further enacted, That the ballots at the qssa, seo- 
several polls or precincts in the city of Mobile shall be ^°^ '•* 
carefully sealed up without examination after said election, eiect°iont ^ 
and shall be by the managers deposited with the sheriff of and deposit- 

1 1 n 1 f r-n ed with she- 

said county, who shall preserve the same for fifteen days ; riff- 
and then, if there be no contest, said sherifi" shall cause 
the same to be burned in his presence, but in the event of 
a contest, they shall be delivered to the judge trying the 
same. 

§ 14. Be it further enacted, That the party contesting (1352, sec- 
shall give notice of said contest to the sheriff" and judge Notice* of 
before whom he wishes said contest tried and the person orbe^gfvento ' 
persons whose election are so contested, within fifteen days in fifteJI' ' 
next succeeding said election. 

§ 15. Be it further enacted. That when testimony is (I852, sec- 

taken under this Act, the opposite party shall have two „ . 

' . i. J Notice to op- 

days' previous notice of time and place, and the party p°si'« p^^'y- 

taking depositions shall receive fees as follows : to wit, dl^oJ^ons 

For each hundred words ten cents, for each notice or cer- '^°- 

tificate to the ofl&cer serving notices, or subpoenas, each 

fifty cents, to be paid by the party at whose instance the 

said service is performed. 

§ 16. Be it further enacted, That after said testimony is tion 1) 



10 CHARTER. 



Trial and comjileted, Said judge trying tlie cause shall examine the 
poll list and ballots and pronounce judgment in the case 
according to the facts developed. 
tiof6.f'°' § ^'^- -^6 *^ further enacted, That the board of alder- 
^hai7"e"t i^eii shall select one of their own body as a presiding officer ; 
officer!"^ it shall be the duty of said board to convene once in each 
once .week, wcek, and the board of common council shall elect one of 
Council shall thcir own body to preside over them, which board shall 
ing officer, asscmblc wecklv, (but not on the same day that the board 

Shall meet •" ^ ■' 

once a week, of aldermen convene.) 

but not on ' 

same day as R \^ j^q {f further enacted. That the said boards of 

aldermen. u »' ; 

See § 30. aldcrmcn and common council shall severally be the iuds^es 

(1S44, Seo- . . . . . 

tionii.) of the election and qualification of their resjjective mem- 
bers, (except so far as restricted by §§ 12, 13, 14, 
15, 16.) 

(1844, Seo- § 19. Be it /mother enacted, That in case of the sickness 
or temporary absence of the mavor from the city, the duties 

Who shall . " . 

act as mayor of his oflfice shall bc performed by the president of the 

■when he is -,-.[, ., ,. 

temporarily board of commou council, and m case ot the absence, m- 

absent or 

"o"^- ability, or refusal of the latter to attend to the said duties, 

the same shall be performed by the president of the board 
When his ^^ aldermen ; and in case of the death of the mayor, his 
dSr'^^'va- resignation, or inability to discharge the duties of his 
oant. office, or absence from the city for two consecutive months, 

without permission of both boards, his office shall be de- 
clared vacant by said boards, who, after giving ten days' 
Vacancy, public noticc, shall proceed in joint convention to elect his 

how filled. ^ 5 r J 

successor. 

g Sec § ^^- -^^ it further enacted. That no person residing out 

tion 6.) Qf i\^Q corporate limits of said city shall be eligible to the 

we°B^dtlu" office of mayor of said city ; and if the mayor shall, after 

of the city, j^-g giggtion, rcmovc his domicil out of the lunits, he shall 

thereby forfeit and vacate his office. 
(1844, Sec- § 21. Be it further enacted, That in case any member 
Haidermen of either of the boards of aldennen or common council 
men shall shall dic, resigu, be unable to discharge the duties of his 
&c.', or re-' or their office or offices, or be absent from the city for two 

move out of 

t'leir ward, consccutive months without leave of the board of which he 

oinco shall 



bo ^declared jg ^ member, or if any alderman or aldermen, shall, after 



CHARTER. 11 



his or their election, remove from the ward for which he or 
they were elected, the seat of any such member or members 
of either of said boards shall be declared vacant, and the 
said vacancy filled by the board in which it occurs, of which how^mied. 
ten days' public notice shall be given. 

§ 22. Be it further enacted, That the said mayor, alder- (1844. seo- 
men, and common council shall have full power to elect or 

' ^ _ _ -■- _ Convention 

appoint, in a convention to consist of a mayor and the said mjay^ppoint 
two boards, all officers and agents which may be deemed ^'^^ agents. 
necessary for the purpose of said corporation, and the com- compensa- 
pensation, duties, and security for the faithful performance and 'securUy 
of the duties of said officers and agents, shall be fixed by ™^^ ^^ ^^'^^ 
the said mayor, aldermen and common council, and the 
said officers and agents may be removed and displaced at the May be re- 
pleasure of said convention, and the compensation of such 

/v" T 1 n 1- n -\ • Compensa- 

officers and agents shaU cease from the time of such dis- 'ion shau 

'-' cease. 

placement or removal. 

§ 23. Be it further enacted, That the terms of office of [J^^^' ^«°- 
all officers of said city annually elected shall commence on ^^^^^ ^^ ^^_ 
the first day of January of each year, and continue one annuliiy™ 
year, and until their successors shall be duly elected and '''^°'®'^- 
qualified. 

§ 24. Be it further enacted, That the treasurer for the ^I^q^^"' 
time being, shall perform the duties of clerk of the common JharbT"^ 

• 1 clerk of 

council. council. 

§ 25. Be it further enacted. That from and after the (I852, sec- 
first Monday of March, 1853, there shall be but one person 

i-p-a/TT'i 11 Tax assessor 

elected tax assessor m and for the city of Mobile, and that elected 
the person who shall be so elected at any time, shall hold 
his office for the term of three years, from the date of his ^°l^^''^^ 
said election, except when a vacancy shall occur in the said 
office of assessor by death, resignation, or removal, in which '^^°^"°y' 
event, an assessor shall be elected, who shall hold his office How fiUed. 
from tne date of his election to fill such vacancies until 
the first Monday of March next succeeding, and for thfe 
term of three years from and after the said next succeeding 
first Monday of March, that said assessor shall be elected 
by the mayor, aldermen, and common council of said city 
on the first Monday of March, 1853, and thereafter on the 



1 2 csartm. 

same day, as necessary to fill a regular term of said office 
of assessor, and in case of a vacancy as aforesaid, the said 
election sliall be had as soon as possible after the said 
Shall hold vacancy shall occur. That said assessor shall hold his 
municipal" office in the municipal buildings of said city, devote his 
'"°^' entire time and attention to the duties appertaining to his 
Books, &c„ said office of assessor, and that the books and papers relating 
to his said office, shall at all proper times be kept open to 
public inspection. That once in each year, under such 
regulations, and in such periods of time as the said corpo- 
rate authorities may from time to time ordain and appoint, 
Shall make the Said asscssor shall 'make an assessment of all the pro- 
of au'pro"' perty in said city liable to be assessed, and that for the 
^"'^" performance of the duties of his said office, the said assessor 
compensa- shall bc Compensated in such manner, and to such an ex- 
''°"" tent, as the said corporate authorities may from time to 

time ordain and establish, but in no case to be changed 
during the official term of any assessor. 
(1852, Sec- § 26. And be it further enacted, That from time to time 
hereafter, there shall be elected for said city, some com- 

City survey- -" . ., . 

or elected peteut pcrsou who shall act as surveyor or civil engineer, 
in and for said city, who shall be styled city surveyor, and 
For three "^^^o shall hold his officc for the term of three years, from 
years. ^-j^^ ^^^^ q£ j^jg electiou, and no longer ; keep the same in 
office inlhe thc muuicipal buildings, together with all surveys, field 
iTuiidinT's,' notes, maps, charts, diagrams, &c., and all papers, &c., 
pers.'mapt, mcmorauda relating to his said office of city surveyor, or 
veyl,^fieui which may be necessary or proper for a perfect understanding 
grams. of liis acts in his said office, all of which shall be entered 
by him in suitable books, to be provided by and to be the 
Books o en Property of the city, which books shall be at all times open 
to public. ,j.Q pi^ijjiic inspection, under such regulations as the corporate 
authorities shall from time to time prescribe. The fore- 
going duties to be additional to those required under existing 
laws and ordinances, for all of which said city surveyor 
shall receive such annual or other compensation not to be 
^^ompensa- ^^j^^^j^gg^^ duiing his official term, as the corporate authori- 
ties shall allow — that fijr the purj)Ose of carrying out the 
provisions of this Act, the mayor, aldermen and common 



CHARTER. 1 3 



councilmen of said city in joint assembly convened, shall 
on the first Monday of March, 1853, and from time to time 
thereafter as often as a vacancy in said office may occur ^'"'''"''•' 
proceed to elect said city surveyor. (is48. sec- 

§27. And be it further enacted, That the assessor and Assessor and 
collector of taxes of said city, to he hereafter elected, shall simii be 

,.. „.,. freeholders 

be freeholders within the corporate limits of said city. in the city. 

^ •' (Code, Sec- 



§ 28. Inspectors may be appointed, their duties pre- ti"" §53, 



Inspectors of 

scribed, their fees fixed, and inspection regulations adopted ^'^^^^^^s, to-^^ 
by the city authorities of Mobile for inspection of staves, tf^g^'^oPf"" 
tobacco, pitch, tar, turpentine, rosin, fish, flour, and oil, o^ may be 
within the limits of the city, but all inspection regulations ^pi'°'"*''''- 

•' •" -*■ ° Regulations 

SO adopted, before they are of any force or effect, must be off tie ^p. 

X J J J J proven by 

approved by the governor of the State, and published for g°[3™°§|i 
three successive months in two pajjers at Mobile, and one ^nrrfionr, 
at the seat of government. ?o ou"^ "^ 

§29. And be it further enacted. That the mayor, [i^sssec- 
aldermen and common council of the city of Mobile, are auS'^ities 
hereby authorized and empowered to appoint inspectors of °ppp"^j'?„'° 
salt and oil for the said city of Mobile. saSoU. 

§ 30. Be it further enacted, That the boards of alder- (is44, sec- 
men and common council respectively, shall have power to 
hold and to adjourn their meetings from time to time, boards^how 

•PI regulated. 

unless sooner called together by a wiutten notice irom the 

PITT ^^^ ^^ e^"" 

mayor, designating the time and place of holding such ed by mayor, 
meetings. They shall each keep a journal of their pro- Keep joumai 
ceedings, and shall enter the yeas and nays on any question, 
resolve, or ordinance, at the request of any member, and 
their dehberations shall be public. 

§ 31. Be it further enacted, That the said mayor, al- ^ g^^_ 
dermen and common council shall have full power and ^™ho°;i\ , ^^ 
authority to pass all by-laws and ordinances to regulate the J^^'",!fng, &c. 
stationary anchorage and moorings of vessels within their "^^^^^"'^^ 
jurisdiction, 

T, T • Prevent and 

prevent and remove nuisances, remove nui- 

And to prevent the introduction of contagious or infec- 
tious diseases within the said city, by refirulatino; the approach Prevmt in- 

•" -^ °. \^ . troduetionof 

of vessels having sick on board, and the landing the sick, disease, how 
or of articles calculated to produce disease, and by providing 



1 4 CHARTER. 



one or more places for the reception of the sick, or by any 

other lawful means whatsoever ; 
Ts'lnd pa-"'' To establish night-watches and patrols, 
E°ect lamps. And to erect lamps ; 

reTaUers, " To provide for licensing and regulating retailers of liquors 
May revoke, within the Hmits of said corporation and to fix the sum 

License and i-tpi i itt 

recuiate to DO paid lor the same, and annulling the same on good 
riages, wag- aiid Sufficient complaint being made against any person 

ons. carts, -■- " " •i x 

drays and holding such liccnse ; 

pawnbrokers <-> ' 

gambling"' For the regulating hackney coaches, carriages, wagons, 

reguiafe *e- carts and drays, and for licensing the same ; 

atricai and j^^^ ^^^ ^^^ rcgulatiug of pawnbrokers within the said 

amusements •, 

Regulate, City , 

&c. markets. rn / • i m • j i t 

Bent stalls. io restrain or prohibit gambling, 

stalls. And to provide for licensing and regulating theatrical 

To prohibit ^ . , . , ° . ° 

the sale of and othcr public amusements within the city, 

meat, poul- . , ■ 

try, fish, or To establish and regulate markets, and to rent out the 

game, ex- _ ° ' 

ceptatthe gtalls in tlic samo, saving and reserving however at least 

market. 70 o 

repab brid"- ^'^° stalls iu cach and every market for the use of country 
To keep in pGople who may attend the same with marketable supplies, 
ItfeeL, ave- ^ud to prohibit the selling of meats, poultry, fish or game, 
and^sewers^ cxcopt at the public market or markets, 
To 'license To crcct and reiDair bridges, to keejD in rejiair all neces- 

chimney- t • i i 

sweepers &o sary strccts, avenues, drains and sewers, and to i:)ass regula- 

To establish . f 1 • ^ i 

and regulate tious nccessaiT lor the preservation of the same ; 

fire wards • i n 1 • 

and fire com- To providc for the licensing of chimney-sweepers, and 

panies. ^_ _ P j 1 j 

weiis"a'^nd I'Ggulating the sweeiDing of chimneys and fixing the rates 

erect and re- thcrCof, 
pair pumps " 

To^im^pose ^o cstablish and regulate fire wards and fire companies ; 
p^iit^'e^fines, To siuk wclls and erect and repair pumps in the streets, 
andlbrfe'i- To Imposc aud appropriate fines, penalties and forfeitures 
breach o'f for the breach of their ordinances or by-laws ; 
ordinances. To euact by-laws for the prevention and extinguishment 
and extin- of fircs, aud if ncccssary to remove or pull down buildings 

guish fires. n ^ • 

To pull down or fences for the prevention of the spreading of the same, 

or remove ■■■ _ x o j 

erections. To crcct or establish hospitals or pest houses, work houses, 



or remove 
erections. 
To erect and 

hol^'iiais, houses of correction, penitentiary or other buildings for the 
work'iZtes, iise of the city, or to join with the county of Mobile in the 
cor"rccdon, ercction of the same, and to have a joint control over the 

penitentiary. 



CHARTER. 15 



same with the public authorities of the county, and to levy to levy and 

^ '''_'' collect taxes 

and collect taxes, as prescribed by this Act, for defraying *^^^,f^j^^^'^ 
the expenses thereof, and all other necessary purposes, ToTe°^fuate 

To regulate party and other fences, and to determine hy r;"i^g>' j^^'J.^^^ 
whom the same shall be made and kept in repair; to'prevent 

To restrain and prohibit the nightly and other meetings "[her'Leet*- 
or disorderly assemblies of slaves, free negroes and mulattoes, o"rderty as-^" 
to punish such slaves by whipping not exceeding twenty sWes! free" 
stripes, and to punish such free negroes and mulattoes, and nmiatto'es. 
other persons for such offenses by affixing penalties not ex- sroes, mu- 

n> -I ■ n 1 l^"oes, and 

ceeding fifty dollars for any one offense, and m case of the ot'ier per- 

'-' *' "^ ■' sons may be 

inability of any such free negro, mulatto, or other person ^J'jJ'i^,!,'^''^;^^ 
to pay and satisfy any such fine or penalty, and the costs I'l^'^^/^^'g^^j^';;'' 
thereon, to have such free negro, mulatto, or other person To'cause aii 
to be confined to labor for such reasonable time not ex- idiror"citsor- 
ceeding three calendar months for any one offense, as may sons! ai7of 
be deemed equivalent to such penalty and costs, which said m fame, or 
labor shall be such as shall be designated by said mayor, visib^ 
aldermen and common council, for the general benefit of support, or 

. / O jjpg liljcly to 

said city, become pau- 

•^ ^ pers, or 

To cause all vagrants, idle or disorderly persons, all per- fo™^ ^teg- 
sons of evil life or ill-fame, and all such as have no visible ''™"'^' 'j^ °^ 

' about the 

means of support, or as likely to become chargeable to the fo[fer?ng°'^ 
city as paupers, or are found begging or drunk in or about pUng' houses 
the streets, or loitering in or about tippling houses, or who rea^sonlbre" 
can show no reasonable cause of employment or business in busSess, or 
the city, all who have no fixed place of residence or cannot ed^iaoe of • 
give a good account of themselves, all who are grossly in- cannot give 

1 -1 11' 1 T 1 • n 1 '^ "Ood ac- 

decent in lano-uage or behavior publicly m the streets, and count of 

* ° . themselves, 

all public prostitutes, or such as lead a notoriously lewd or or :•"■« kvoss- 

i- X ? ./ ]y indecent 

lascivious course of life, to srive security for their ffood be- '" 'assuage 

" o J o or behavior j 

havior for a reasonable time, and to indemnify the city P)^g'^\''j.'jgj^ 
against any charge for their support, and in case of their uc'prost'i"''' 
inability or refusal to give such security, to cause them to i^wd^ 'o^iri^ 
be confined to labor for a limited time, not exceeding four coTse^f 
calendar months, unless such security shall sooner be given, security."'^ 
which said labor shall be designated by the said mayor, eive seoud- 
aldermen and common council for the general benefit of the fined to labor 
said city, and that the labor so designated may be carried ing* months 



16 CHARTER. 



How labor ^^^^ cffect, tliG Said mayor, aldermen and common council 

andpedbna- shall have powcr to appoint a person or persons to take 

those so confined and sentenced to labor, from their place 

of confinement to the place appointed for their working, 

and Avatch them while at labor, and return them before 

sundown to the place of confinement, and if they shall be 

^«p^^'i"j°"°J found afterwards offending, such security may again be 

ll^^^JJ^"'' '"^ required, and for want thereof, the like proceeding may 

again be had from time to time as often as may be neces- 

To lev-y tax- cavir • 
esonall ""^-^J j 

brMig\t to To levy taxes on all slaves brought to the city for sale 

the city for i ^ j_ a_ ^ i ^ 

sale. ■ by any merchant, trader or dealer ; 

and regulate To take care of, remove, iDreserve, designate and regulate 

all burying n i ■ i • t • i • 

grounds, all burvmg grounds withm the city : 

To regulate "^ *= *= '' ' . . 

weights and i reguiato weights and measures, appoint inspectors oi 

measures. '-^ •- ^ j. i. i. 

To appoint lumber, fire wood, flour, beef, pork, fish, and all other salt 

inspectors oI ^ ^ 7JJ.77 

lumber fire- provisious whatsocver ; 

wood, Hour, ■>• ' 

fish'an'd oth- ^^^ ^^ P^^^ ^^^ ^^^^^^ resolutious, by-laws and ordinances 
visfonsf™" as they, or a majority of them, may deem requisite and 
^uchre^soiu- necessary for the good government of the said city, not 
ilwl.'and or- contrary to the laws of the State of Alabama. 
nlay"be ne^-^ § 32. Be it further enacted, That the said mayor, alder- 
CI808. Sec- iiien and common council shall have full power and authority 
To"es'tabU8h to establish ferries across the river Mobile, within the limits 
ri^s a^^oss*"^ of Said city, and regulate the rates of ferriage, to establish 
' and keep open all sidewalks, drains and sewers, which they 

To establish ^ ./ 

and keep may dceiu necessary for the convenience or health of the 

open side- , , _ n i i • • 

walks, . Citizens, paying the owners of lands miured thereby such 

drains and 7 1 ■/ o ^ J J 

sewers. damagcs as they may sustain thereby, to be assessed and 

How opened o ,/ j j ? 

Damages to ascertained in the manner provided by law in case of streets 
being opened over private pro2)erty. 



be assessed. 



(1844, Sec- § 33. Be it further enacted, That the mayor and each of 
tion 16.) ^j^g aldermen, and each member of the board of common 
eaXoi^he couucil, sliall be conservators of the peace in and for the 
and'^uncii- city of Mobilo, and shall have power to examine and 

men conser- , n-i i-in i -i • ^ 

vators oi the commit Or discharge on bail all persons charged with 
offenses not capital, in the same manner as justices of the 
peace, but shall exercise no other judicial functions what- 
ever, and shall not receive any fees or perquisites ; and the 



CHARTER. 17 



mayor sliall have authority concurrent with a justice of the 
peace to arrest and commit to prison deserting seamen and "orUy at""c 
mariners from vessels in the merchants' service under the ^'^''■"'^"• 
provisions of an Act passed at the fifth annual session of 
the general assembly, entitled "An Act in relation to 
seamen belonging to vessels in the merchants' service."'"' 

* § 868. — If any person who has made an engagement to perform a voyage in any ship, or Code, 
vessel, at any port or place in this State, deserts, or absents himself from such ship, or 
vessel, without the leave of the master, or officer commanding in the absence of the master, 
any justice of the peace, upon complaint thereof being made under oath, must issue his 
warrant, to apprehend such seaman and bring him before himself, or some other justice, and 
if it appears that he has made an engagement to perform a voyage, that such voyage has 
not terminated, that such seaman has deserted, or absented himself without leave, the 
justice must commit him to the common jail of the county, there to remain until such ship, 
or vessel, is ready to proceed on her voyage, or until the master requires his discharge, the 
master paying the jail fees for each week in advance. 

§ 869. — If any person knowingly conceals, or harbors, any person belonging to any ship 
or vessel, he forfeits ten dollars a day, for each day he so harbors or conceals such person 
to the use of any person suing for the same. 

§ 870. —The justice issuing the warrant is entitled to fifty cents, and for hearing the testi- 
mony, and other necessary orders, to one dollar, and the sheriff, or constable, apprehending 
such person on such warrant, to three dollars, in each case to be paid by the master. 

§ 871. — Any master of any vessel, who within this State ships, hires, or receives, any per- 
son belonging to any other vessel, without a discharge in writing signed by the master of 
such vessel, forfeits fifty dollars, one half to the person suing for the same, the other to the 
use of the county in which such suit is brought. 

§ 1045. — The master or consignee of any vessel, coming into any port in this State, having 
on board any free person of color, as cook, steward, or mariner, must, within three days 
thereafter, furnish the mayor, or intendant of the place, a list of the free persons of color 
on board such vessel, and enter into bond, payable to the State of Alabama, in such sum, 
not less than two thousand dollars, and with such security as the mayor, or intendant may 
prescribe, which must be filed in his office, and upon a breach thereof, judgment may be 
rendered by motion of the solicitor of the circuit, in the circuit court of the county, or in 
the city court of Mobile, ten days' notice thereof being given, for the penalty of such bond. 

§ 1046. — The condition of the bond is, that such free colored persons shall remain on board 
the vessel, and not leave the same during the stay of the vessel in the waters of this State, 
and upon its departure, that such free colored persons will depart with the vessel ; that such 
vessel, with such persons on board, shall not come within three miles of the town or city 
attached to the port, nor within one mile of the shore, except in passing out of the bay of 
Mobile, and that, during the stay of such vessel, no communication will be permitted 
between the free colored persons on board the vessel and slaves, or free persons of color 
within the State. 

§ 1047. — If any such free persons of color are dangerously ill, they may be conveyed to 
any hospital of the United States ; or if there be none, to a private hospital, and as soon as 
discharged therefrom, must return to the vessel. 

§ 1048. — If within three days after the arrival of a vessel within the waters of this State, 
the list of such free colored persons, and the bond required by this article is not made, and 
delivered as herein provided for, the sheriff of the county must apprehend all such free 
persons of color, and lodge them in jail, where they must be kept until the vessel is ready 
to proceed to sea ; and it is the duty of the harbor master to give information to the sheriff 
of the arrival of any vessel containing such free persons of color. 

§ 1049. — It is the duty of the master of such vessel, when ready for sea, to take such free 
persons of color with him, and carry them beyond the limits of this State, paying the ex- 
penses of their arrest and detention ; and upon failure to do so, he is guilty of a misdemeanor, 
and must be fined in a sum not exceeding one thousand dollars, and may, in the discretion 
of the jury, be imprisoned, not exceeding six months. 
§ 1050. — If such free persons of color are not carried away by the master of the vessel 



18 CHARTER. 

uon*i7o°" § ^^- ^^ ^^ further enacted, That it shall be tlie duty of 
see'iaws°ex- ^^^ major to 866 that the laws of this corporation be duly 
eouted. exccuted, and he shall hold a court once in each day of the 
fa°ohday!^' wcck (Suudays excepted) for the trial of all offenders 
against its laws and ordinances ; he shall report the negli- 
negUgence, geuco or miscouduct of any officer to the boards of alder- 
cers. men and common coimcil ; he shall lay before said boards 

Shall lay ai- from time to time in ^vl■iting such alterations in the laws of 

terations of '^ 

laws before the coruoratiou or measures for its good government or in- 

the boards, r o o 

dons^"^°^^' 'tsrsst as he may deem necessary and proper ; and he shall 
cDec. 8, 1853, 1'eccive such salary, not less than two thousand nor more 
Sections.) ^hau four thousand dollars annually, which salary shall be 
Salary, when fixed by the two boards as soon as practicable after the 

municipal election held for said city in December of each 

and every year. 

S 35. Be it further enacted, That in case of invasion or 

1841. . 

,. insurrection, or when the peace and security of the city may 

In case of m- ' _ -■• '' j J 

vasion or in- ^m uixQ it iu the opiniou of the mayor, he shall have power 

surrection, J- •>■ ./ 7 x 

"tuut^voi- ^^^ i^ hereby required to call out tlie volunteer companies 

unteer force. Qf ^hc city lu itS dcfenSC. 

(1844, Sec- K 36 And he it further enacted. That the mayor shall 

tion 37.) -^ . '' . ' -^ 

^ „ from time to time appoint such a number of watchmen to 

Mayor shall ^ ^ 

watehmen g'^^'^'^ and protect the city as may be designated by the 

See §37. "boards of aldennen and common council, and the watch- 
men so appointed shall be subject to his control in the dis- 
charge of their duties, and may at any time be removed by 

moved! him for any misconduct or neglect of duty. 

(1858, See- §37. Be it further enacted, That the word watchmen, as 
used in section thirty-seven of said Act (last section) shall 

watchmen in bo dccmcd aud taken to mean and include all policemen, 
and officers connected with the police force of said city, and 

Ma-yi^Y®" they shall be appointed by the mayor, but may at any 

boards. ^imc bc removcd from office by a joint vote of two-thirds of 

bringing them into this State, they must, after the departure of the vessel, bo discliarged 
from jail, and warned to leave the State ; the expenses of their arrest and detention to be 
paid by the county. 

§ 1051. — If they do not depart within ten days after being discharged, or if, having left, 
they return to the State, they must on conviction, be punished by confinement in the peni- 
tentiary not less tlian two, nor more than five years. 

§ 1062. — Fees to the sheriff, three dollars for each free colored person apprehended. 

§ 1053. — To the mayor one dollar, for taking and filing of bond, and list of sailors. 

§ 1054. — To the jailor same fees as allowed by law for sustenance of prisoners. 



CHARTER. 19 



the two boards of aldermen and common council, assembled 
in joint convention, 

§ 38. Be it further enacted, That all ordinances and (I844, sec- 
resolutions may originate in either board, but shall be passed '°" ''' 

, . . , p c ^ J? J.1 Ordinances 

by a majority 01 a quorum 01 each ; a quorum tor tne and resoiu- 

p,. nil • n -I 1 tions, how 

transaction 01 business shall consist 01 not less than a ma- originated 
jority of each board ; every ordinance which shall have passed, 
been passed by both boards shall be presented to the mayor 
for his approval and signature, and if he approves and 
signs the same it shall become a law, and if he should not 
approve it he shall return it with his objections to the prov^o? ^^' 
board from whence it emanated, and at its next regular 
meeting, in case of his non-approval or failure to return as how acted 
aforesaid, a vote of two-thirds of each board shall make it vetoed." 
a law. 
§3c 
men and common council shall have power to lay taxes on 



S 39. Be it further enacted. That the said mayor, alder- (i844, sec- 

o J ■> J ■> tion 19.) 

City may 

both the personal and real estate within said city, as well ^^^y t'^^''^- 
as a poll tax upon all the inhabitants. That the mayor, 
aldermen and common council of the city of Mobile be, 
and they are hereby authorized and empowered, by a reso- 
lution of each board approved by the mayor, to levy and 
collect a tax of ten cents on each one hundred dollars worth tJon^if ^^ 
of taxable property in the city of Mobile, in addition to May levy 
the forty cents now authorized to be collected by law, which Xten cenL 
tax of ten cents aforesaid shall be applied to the liquida- years. 
tion and payment of the debts other than bond debts and 
coupons that may be due by the city of Mobile at the time 
of the passage of this Act, until the same are paid, and the 
said tax of ten cents shall be levied and collected for four 
years only, including the present year. A separate account 
of said tax of ten cents shall be kej)t, and there shall be 
published each year, a statement of the fund arising there- 
from, together with debts to which the same has been 
applied, and if in any one year, the money arising from 
said extra tax shall be in any manner or degree applied to 
any other purpose than is herein provided, the said mayor, 
aldermen and common council shall not thereafter have the 
power, any longer to levy or collect said tax. Provided, 



20 CHARTER. 



That the said tax upon the personal and real estate be laid 
Assessment -^ pursuance of an assessment and valuation of the said 
personal and real estate to be made by some discreet person 
By assessor, or persous thereto appointed as assesor or assessors by the 
said corporation, which tax shall be laid in the manner fol- 
lowing, the said assessment or valuation when completed, 

How made. ? . r J 

contaimng all the property as well as the names of the 
owners thereof, shall be lodged with the clerk of the cor- 
poration, and the mayor, aldermen and common council 
shall assess so many cents on the dollar, making no distinc- 
tion as to any persons, and which assessment or valuation, 
together with the names of the persons liable to taxation, 
to^Tojren"to with the tax laid thereon, shall be open for inspection to 
''" °' all and every person interested therein, and the said mayor, 
Notice to be aldermen and common council shall give ten days' public 
notice in some public newspaper printed within the limits 
of the city of Mobile, that the said assessment or valuation, 
together with the tax laid thereon, is ready for inspection. 
Objections. ^^^ ^^ ^^J persou shall be dissatisfied with said assessment 
or valuation or tax laid thereon, he shall give notice to the 
mayor, aldermen and common council to alter said assess- 
ment or valuation, together with the tax assessed thereon, 
tionli.) as to them shall seem meet, (witnesses shall be heard on oath 
Witnesses to to affix a proper valuation) but their decision shall be final 

be heard. n • i • • 

as to all questions or objections that may be brought before 
them in reference to the said assessment or valuation, and 
the tax assessed thereon as aforesaid, and after twenty days 
have elapsed from giving the notice that the said valuation 
or assessment together with the tax assessed thereon as 
aforesaid, are ready for public inspection, the said mayor 
wa/rant. shall issuc his Warrant annexed to the tax list to the col- 
lector of the corporation, containing a description of the 
real estate taxed, together with its valuation and the taxes 
assessed thereon, and also the amount of the personal pro- 
perty valued or assessed to each person, together with the 
tax assessed thereon, and the name of each person liable 
to a poll tax and the amount of such poll tax laid. 
(1844 Sec- § ^^* ^^ '^^ further enacted, That the taxes on real and 
tion 20.) personal property, and all other taxes and dues assessed in 



CHARTER. 21 



the manner aforesaid and the several assessments, shall have Assessment 
the force and eflfect of a judgment at law against the indi- the'pffect'of 
vidual assessed with the same. It shall he the duty of the ^ J^'Jg'"'^'^'- 
tax collector, after giving thirty days' notice in some public Tax coUeo- 
newspaper printed in the city of Mobile, that the city taxes when ules 

. . , - , , ,^ are not paid. 

(or the particular tax or due as the case may be) are re- 
quired to be paid to him on or before a certain day specified, 
if the same shall not be paid, to levy on the personal estate ^^^'^^j^ 
of the individual or corporation assessed, and to sell the 
same, or so much thereof as shall be sufficient to pay the 
tax assessed, and one dollar to the tax collector for making 
the levy and sale, and the sale shall be advertised for the 
space of ten days at the mayor's office. 

§ 41. Be it further enacted, That the tax law of the (I852, see- 
city of Mobile be and the same is so amended that the page e.) 
tax collector may sell real or personal property for taxes collector 

'' , ^, 11 may sell be- 

without the necessity of exhausting the personal property fore ex- 

before selling real estate as required by law, either for city peisonai 

i. 1/ 7 ^ property. 

or special taxes of any kind, and the fees to the collector 

for every such sale shall be the same as those specified in 

section 22 under the Act of 1844 (this Act.) 

§ 42. Be it further enacted, Provided, That no prose- ^j'^^^^^^"" 

cution, suit, or claim whatever pending or to be brought |^°p^°^';^'j^' 

under existing laws, shall in any manner be effected, im- 1^ t^AQt, 

paired or altered by the passage of this Act. extsting.°^ 

5,, § 43. Be it further enacted, That if any real estate shall (is44, sec- 

be assessed to unknown owners or to persons who are known, 

and the taxes or dues assessed on them shall not be paid per'ty of un- 
known ovn\- 
and cannot be collected by a levy and sale of personal estate ers, how coi- 

by the means provided by the foregoing section (§ 40) 

within sixty days from the time when the said taxes or dues 

are required to be paid, then the tax collector shall give 

notice in some newspaper printed in the city of Mobile, or 

by a printed sheet circulated therewith, and also kept for 

public inspection at the mayor's office, as shall be deemed 

most expedient and least expensive to the city, of the lots 

and real estate on which the taxes are unpaid, (describing 

the same by such numbers and abbreviations as will indi- 



22 CHARTER. 



cate the lot to be sold) and that he will at a certain time 
and place named in the advertisement proceed to sell such 
of the lots and lands, upon which the taxes and dues shall 
not be paid, or so much thereof as shall be sufficient to 
pay the same, and on the day appointed, or on such day as 
he may adjourn the sale, the tax collector shall proceed to 
sell any lot on which the taxes and dues shall not be paid, 
or so much thereof as will satisfy the tax and one dollar as 
a fee for the advertisement and sale and a certificate thereof. 
(1844 Sec- K 44. Be it further enacted. That the tax collector shall 

tion 22.) " •' ' 

Form of cer- S^^® ^^ ^^ purchaser at such sale, a certificate to the fol- 

ll\Xf lowing effect : " I, , tax collector of the city of Mo- 

*^^*- bile, do hereby certify, that the city taxes for the year 
18 — , (or the particular tax or assessment, as the case may 
be) being due and unpaid on a lot of land in the said city, 
bounded and described as follows, (here shall be inserted a 
description of the lot by metes and bounds,) I have this 
day sold the same (or such undivided fractional part as 

he may sell,) to , who has paid the taxes thereon, 

amounting to dollars, including my fee of one dollar 

for the said sale, advertising, and this certificate, and by 
virtue of the authority to me given by law, I authorize 

the said , and his assigns to hold the said premises 

until the same shall be redeemed according to law. Wit- 
ness my hand and seal of the corporation, this day 

of , 18 — ." And the mayor shall cause the seal of the 

city to be affixed to the said certificate. The tax collec- 
tor is hereby empowered, and it shall be his duty to put the 



shall put purchaser in possession of the premises sold to him, within 
thirty days after the sealing of the certificate, which shall 



be evidence of a right to ^jossess the premises therein 
specified, and to retain the possession until the same shall 
be redeemed in the manner hereinafter provided. 

§ 45. Be it further enacted, That it shall be the duty 

of the mayor to cause the clerk of the corporation, or such 

keep^eoord othcr pcrsou as may be charged with the duties, to record 

each of the said certificates in a well-bound book to be 

kept for that purpose, before he shall permit the seal of the 



(1844, Sec- 
tion 23.) 



of certifi- 
cate, 



CHAETER. 23 



city to be affixed, and no other fees or charges shall be re- 
ceived for advertising said certificate, seal and record, than 
is prescribed by this Act. 

§ 46. Be it further enacted, That any lot thus sold may (i844, sec- 
be redeemed within twelve months from the day of sale, by ^"'^ '^ 
any person claiming title, who will deposit with the trea- ty°^id7o/'^ 
sm-er of the city of Mobile, for the use of the purchaser, the bVrecieemeti. 
amount of the loan and fees so paid, and twenty-five per 
cent, on the same ; and thereupon the title created by the 
certificate aforesaid shall wholly cease and determine, and 
the purchaser and all others claiming under him shall relin- 
quish the possession, and shall after notice of the said re- 
demption be deemed unlawful and forcible detainers of said 
lot, and liable as such to any suit or action at the instance 
of any one entitled to the possession, and the said lot may 
in like manner be redeemed by any person claiming title deemed. 
at any time after twelve months and within five years from cisss, sec- 

'^ . . '' tion 1.) 

the time of sale, by paying into the office of the city trea- 
surer, as before provided, the amount of the taxes, fees, 
and interest thereon, at the rate of twenty-five per cent, 
per annum from the day of sale, and on such payment being 
made the title created by the certificate shall cease and de- 
termine on the first day of November next after the said 
payment, and the purchaser and all others claiming under 
him shall relinquish the possession, and after notice of the 
said redemption shall be deemed unlawful and forcible de- deliver, u> be 
tainers, and as such liable to any suit or action at the in- of uniawfJ 

„ . - , . detainer. 

stance oi any one entitled to the possession. 

S 47. Be it further enacted, That it shall be the duty (i844, seo- 

•^ ^ ... tion 25.) 

of the treasurer of the city of Mobile to give any person ^ 

•^ o J L Form of cer- 

who shall redeem any lot sold for taxes, a certificate to the t'fi«"»te to be 

•^ ' given by 

following effect; — I, , treasurer of the city of Mobile, pJrson'^?e-'° 

do hereby certify that , claiming title to a certain <^^«™'"g- 

lot in the city of Mobile, known and described as follows, 
(here shall be a marked description of the lot by metes 
and bounds) has this day paid into my office for the use of 

the purchaser, the sum of dollars, being the amount 

for which said lot was sold, the fees thereon, and twenty- 
five per cent, on the same, (or interest on the same at the 



24 CHARTER. 



rate of twenty-five per cent, per annum, as the case may- 
be) the said lot is therefore redeemed. Witness my hand 

and seal at the city of Mobile, this day of , 18 — . 

And it shall be the duty of the mayor to cause the seal of 
the city to be affixed to the certificate, which shall be re- 

recoid! "" corded in the same book as the certificates issued by the tax 
collector, and the treasurer shall be entitled to receive a fee 
of one dollar for the said certificate. 

(1844, Sec- K 48. Be it further enacted, That if the lot so sold shall 

tion 26.) <3 '^ _ _ ' . 

„ 1^ not be redeemed within the period of five years from the 
*erf™te'd^^ day of sale, the j)urchaser, his heirs or assigns, may perfect 
the title to the lot purchased, by publishing the certificate 
issued by the tax collector for the term of three months in 
some newspaper printed in the city of Mobile, with the fol- 
lowing notice subjoined ; — '' All persons claiming interest 
in the above described lot are required to exhibit their 
claims by commencing suit against me in the circuit com't 
of Mobile county, within six months from the date of this 
advertisement, or their claims will be forever barred." And 
if no suit is commenced within the said term of six months, 
the^title under the certificate shall be complete and perfect; 
and if suit is commenced within six months after the pub- 
lication of such notice, no damages shall be recovered, nor 
shall a writ of possession issue in the event of a recovery, 
unless the plaintifi" shall pay the taxes due on the same, 
the fees and interest, at the rate of twenty-five per cent, per 
annum on the same, and the cost of the advertisement, to 
be adjudged by the court, on the suggestion of the de- 
fendant. Provided, however, that no estate of any infant, 
feme covert, or insane person, shall be barred, if they com- 
mence their action within three years after the removal of 
their disability to sue. 
(1844, Sec- S 49. Be it further enacted. That the certificates afore- 

tion 27.) • 1 1 n 1 1 • • i n ^ t • 

Certificate said sliall be conclusive evidence oi the regularity of all 

is conclusive . . , o <! 

evidence, previous proceedings, and this Act shall be construed as a 

Act reme- •"■ •*• '-' ' 

dial. remedial act. 

t?o.f 2l.r' § ^^- ^^ '"^ further enacted, Tliat the tax collector shall 
^imMbT t»tj charged with and accountable for the whole amount of 
aiuhe^'i^'^'^ the assessed taxes for each year, and he shall only discharge 

sessment. 



CHARTER. 25 



himself from such accountability by showing an account of 
the entire insolvency of the persons assessed, and by showing ^°^J,^' 
that the amount of his account cannot be collected by the 
exercise of the means given by the foregoing sections. 

§ 51. Be it further enacted^ That such part or portion a8**^gSec- 
of the assessed taxes as cannot be collected by the means ^^^^^ ^^^ 
before stated, shall continue a lien on the property as- ^,°l|fj'=^|'? 
sessed until paid, and the tax collector shall be authorized ™^'" ^ ''®"- 
from time to time to offer and expose to sale under the fore- 
going provisions, such lots as shall not have the tax paid 
thereon, and the same certificates shall be given in cases of 
any subsequent sale, and similar proceedings shall be had 
thereon. 

§ 52. Be it further enacted, That if any purchaser of a (i844, sec- 
lot under a sale by a tax collector, shall fail or omit to V^l ^^if^l"'' ^^ 
any subsequent tax or assessment, he shall forfeit all right ^'^^'i'^l^gg 
under his certificate, and shall be bound to relinquish the ^-'g^" g^tf '* 
possession ; and if the said lot shall be subsequently sold qufghllTe 
for taxes, the person so holding under the first sale shall, FaXgtodo 
after notice, be deemed guilty of unlawful and forcible de-beguutyof 
tainer, and shall be liable to any suit or action, at the in- detainer, 
stance of any person entitled to its possession. 

S 53. Be it further enacted^ That the amount of taxes (i844, seo- 

. . . . tion33.) 

to be levied and collected under the provisions of this Act, ,„ 

-■■ ^ Taxes shall 

shall at no time exceed the sum of forty cents on each oiiefo°\''^en'is 
hundred dollars of the value of the property assessed. °" "'" ^^^^' 

§ 54. Be it further enacted, That all and every pur- (peb. nth, 
chaser or j)urchasers of lands or interest in lands, conveyed uotfio^"" 
by the corjjorate authorities of the city of Mobile, for the Rights vest- 
security of certain debts, by indenture, bearing date, the purchasers. 
sixteenth day of May, A. D. eighteen hundred and forty, 

1 n ^ ^ c ^ "^ ' See appen- 

and recorded in the office of the clerk of the county court of^ux. 
Mobile, book No. 1, pages 284 to 291, inclusive, and his or 
their heirs and assigns, shall take and hold the same, with 
full power to alien and dispose of the same, freed and dis- 
charged of, and from all claim that the State of Alabama 
now have, or may acquire, by reason of the alienage of 
such purchaser or purchasers, his or theh heirs or assigns. 

§ 55. Be it further enacted, That the mayor, alder- ^J^n^)""' 



26 CHARTER. 



men, and common council of the city of Mobile, may, for 
owiKations i]^q payment of the debt now due and owing by said city, 
be issued, jgg^g tiig obligations of said city, under its corporate seal, 
in sums not less than $100 each, bearing interest at the 
rate of five per centum per annum, and redeemable in 
twenty years after the date thereof, or at any earlier period, 
at the discretion of said corporate authorities. 
(1843, Sec- § 56. Be it further enacted, That for the better se- 
curity of the holders of the obligations provided by this 



tion 3.) 



to be raised Act, and for the ultimate payment of the same, a fund of 

for security i t n i m i i 

of creditors, not less than ten thousand dollars, to be called the an- 
nual fund, and to be annually applied as hereinafter pro- 
vided, shall be created and maintained by the corporate 
authorities of said city, for which purpose, and for the 
annual payment of the interest on the obligations provi- 
ded for by this Act, the taxes accruing from the assess- 
ments by the said corporate authorities, on the real estate 
within the said city, shall be, and are hereby pledged and 
appropriated, and said assessments on real estate shall not 
be reduced below a rate sufficient to produce the annual 
interest, and the annual fund of ten thousand dollars, so 
long as the obligations of said city, issued in pursuance 
of this Act, or any portion thereof shall remain unpaid : 
Provided, the power to tax real estate in said city, shall 
not exceed the present rates of taxation. 

(1843. Sec- R 57. Be it further enacted. That it shall be the duty 

tion 4.) ^ *' ..„,.,. 

, . of the collector of taxes of the said city, for the time being 

Duty of city '' ' ° 

tax collector ^q pg^y ovcr, from time to time, as the taxes aforesaid may 
be collected, to the Alabama Life Insurance and Trust 
Company, so much of the said taxes, as may be sufficient to 
pay the interest due on said obligations, according to their 
tenor and effect ; and also the said annual fund of ten 
thousand dollars, to be applied to the payment of the 
principal sum due on said obligations ; and it shall be the 
Duty of duty of the said Alabama Life Insurance and Trust Com- 
Life insur- pauy, with the consent of said company, or in some other 
Trust Com- guitablc placc of deposit, to be selected by the mayor, 
aldermen and common council of Mobile, in case said com- 
pany shaU refuse to receive it, to accept the taxes so paid 



CHARTER. 27 



over in trust for, and to be by them applied to the uses and 
purposes of this Act ; and after paying the' interest due on 
said obligations, the said company shall apply the annual 
fund of ten thousand dollars, annually, to the payment in 
full of said obligations, according to the numerical succes- 
sion, that is, paying the obligation numbered one first, and 
so on, until the whole shall be paid in regular numerical 
succession. 

§ 58. Be it further enacted. That the corporate authori- (1843, seo- 

ties aforesaid, shall have power to levy and assess a tax not 

^ ■*• "^ May levy- 

exceeding one and one-half per centum on the amount of 'a-^- 

all auction sales made within the said city, except sales 
under judicial proceedings ; guardians', executors', and ad- 
ministrators' sales, and sales of property under the pro- 
visions of deeds for the security or payment of debt. 

§59. Be it further enacted, That the corporate authori- n^s^s, sec- 
ties aforesaid shall have power to assess and collect a tax, ^^^ ^^ ^^ 
not exceeding twenty cents upon every hundred dollars of °°"^'''^''- 
property sold upon the wharves of the city of Mobile, or 
on ship-board, or otherwise, before the same shall be stored : 
Provided, this section shall not be construed to allow any 
assessment on cotton, or other staple production, imported 
into said city from the interior of the State of Alabama or 
Mississippi. 

§ 60. Be it further enacted. That the corporate authori- (1843, sec- 
ties of the city of Mobile, after the passage of this Act, 
shall not be permitted to purchase real estate, or borrow which real 

11/. n n estate may 

money, or create any new debt for purposes 01 profit, or be sow.) 
improvement, without a concurrence of the mayor and 
boards of aldermen and common council at their regular 
meetings, upon a full attendance of all the members of 
both boards, at a time when there shall be no vacancy in 
either, and none dissenting to the Act, which facts shall all 
appear on the minutes of the corporation, and any contract 
made in violation of this Act shall be wholly null and void, 
incapable of being ratified or confirmed except in the 
manner hereinbefore specified. 

§ 61. Be it further enacted, That the corporate authori- ^843^ gg^. 
ties aforesaidj shall have authority to assess a tax on any "°" ^'^'^ 



28 . CHARTER. 



public balls, sbows, exhibitions, theatrical entertainments, 

^"g^hib^*^" billiard-tables, nine-pin alleys, ten-pin alleys, bowling- 

tions. alleys, and any and every other public game, or public 

place of amusement, and the amount of taxes pro^'ided for 

by this section shall be fixed and determined by the mayor 

and the presiding officers of the boards of aldermen and 

common council as hereinbefore provided. 

(1843, Sec- § 62. Be it further enacted, That at the close of each 

municipal year, if any surplus exceeding the sum of five 

each year thousaud dollars shall remain in the treasury of said city, 

to be paid to j ^ 7 

Life'i^i's^ur- ^^^^1' defraying the necessary expenses thereof, the same 

Trult'com- shall bc paid over by the mayor of said city, byhiswaiTant 

P*"^'- on the treasury of said city, countersigned by the presiding 

officers of the boards of aldermen and common council, to 

the said Alabama Life Insurance and Trust Company or 

other depository selected as aforesaid, to be by them held 

and applied in the same manner, as is hereinbefore provided 

for the application of the annual fund, that is to say, to 

the payment in full of the obligations issued in pursuance 

of this Act, in numerical succession. 

(1843, Sec- § 63. Be it further enacted, That in case of the default 

of the corporate authorities aforesaid, in any of the duties 

against cor- prcscribcd by this Act, the court of chancery for Mobile 

poration for •"■ . . . , . . • ^ • 

default. county. Or any court having chancery jurisdiction withm 
the county aforesaid, shall be open to all and every of 
the holders of the obligations issued in pursuance of this 
Act ; and full powers are hereby given to said court, to 
enforce the specific performance of the provisions of this 
Act, and the said court shall have full jDOwer to appoint 
another depository of funds provided for by this Act, when- 
ever it shall be made to appear upon the application of the 
corporate authorities of the city of Mobile, or of any holder 
of bond or bonds, provided for by this Act, that the said 
Alabama Life Insurance and Trust Comj^any, or other de- 
pository is no longer a proper depository of the said funds. 

(1843, Sec- S 64. Be it further enacted. That from and after the 
first day of November, A.D., one thousand eight hundred 

Prohibitiona •' ^ ' . /> i i t • 

after i8t No- and forty-thrcc, and after the issuing of the obligations 

vember, 1843 j i o o 

provided for by this Act, it shall not be lawful for the cor- 



CHARTER. 



29 



porate authority aforesaid to issue in any assignable form 
whatsoever, any bonds, promises to pay, or city orders, or 
any form whatsoever of promises to pay, transferable from 
hand to hand, nor to enter into any contract for the pay- 
ment of money, unless the means for the payment of the 
money so contracted to be jmid, shall be specifically jwo- 
vided at the time of making such contract. 

§ 65. Be it further enacted, That full power and [Js^Si^seo- 
authority is hereby given to the corporate authorities afore- p^^^^^ -^^ 
said to establish such rules and regulations for the collec- d°es!"'°" °^ 
tions of the dues, taxes and revenues hereby provided, and 
to use all lawful process and proceedings, which they may 
deem requisite to enforce the same ; and also to impose such 
fine or penalty for the violation of any provision of this 
Act, as they may deem requisite, and such fine or penalty 
shall be recoverable in the name of the mayor, aldermen 
and common council of the city of Mobile, before any tri- 
bunal having competent jurisdiction. 

§ 6Q. Be it further enacted, That the corporate authori- [^f^^ij^)'"'' 
ties of the city of Mobile shall be under no obligation to en- Act how car- 
force or carry into effect the provisions of this Act, unless [ett/"'° ®^' 
three-fourths in amount of the creditors of said city signify 
then- assent to the same, by written communication to the 
mayor of said city, by or before the first day of Aj)ril, A. D. 
one thousand eight hundred and forty-three. {Tliis laas 
done.) 

§ 67. Be it further enacted, That after the passage of 
this Act, it shall not be lawful for the members of the boards ''"" ^^•> 
of aldermen and common council, to make any contract with Restriction. 
the corporate authorities, to do any work or perform any 
service for the same, nor shall any appropriation be valid 
that shall be made for this. 

§ 68. Be it further enacted. That in the expenditure of (i843, see- 
the funds of the said city derived from taxation, the mayor, 
aldermen and common council shall have a proper regard to tionotiunds 
the appropriation of the same to the improvement of the 
different wards of said city, in proportion to the amount of 
taxes jjaid by each ward. 

§ 69. Be it further enacted, That the corporate author- jgt's/leo- 

tion 1.) 



30 CHARTER. 



ities shall have jDower to levy the same tax on itinerant or 
*J^-;('^^j'°' transient merchants who remain in said corporation less 
pereons"\o than ono year, as is levied on permanent merchants, which 
tent^asTesi^ tax shall be sued and collected at any time the corporate au- 
thorities may direct. 
(1841, Sec- § 70. Be it further enacted, That in no case shall the 
faith of the city be pledged for the payment of money, un- 
how pledged less it be a vote of two-thirds of both boards, and the sanc- 
tion of the mayor of the city. 
i^T^seo*' § '^-'- -^^ it further enacted, That the mayor, aldermen and 
tion 1.) common council of the city of Mobile, have full power and 
pro^riate'^'' 3,uthority to appropriate, in any manner they may deem fit, 
moneys. £^^, ^-^^ ^^^ ^^^ benefit of the city, any moneys received by 
them from any source : Provided always, that nothing in 
this section contained shall, in any way, affect or repeal, or 
operate on any of the provisions of an Act approved 11th 
February, 1843, and entitled "An Act to enable the corpo- 
rate authorities of the city of Mobile to provide for the se- 
curity and payment of the debts of said city, and for other 
purposes." 
uofiLr' § '''2. Be it further enacted, That it shall be lawful for 
Corporation ^^^ Corporation aforesaid to appoint a committee of three 
TOmmut'e'e"' pei'sous, who shall give notice of their appointment by ad- 
vertisement in some newspaper published in the city of Mo- 
bile, and call upon all persons having claims against the 
corporation that have not been an-anged under the provi- 
sions of an Act entitled " An Act to enable the corporate 
authorities of the city of Mobile to provide for the security 
and payment of the debts of said city, and for other pur- 
Theirduty. posBs," approvcd 11th day of February, 1843, to present 
their claims to the said committee on or before a day certain, 
to be by them appointed and stated in their said notice ; 
and upon the failure of any person having any such claim or 
claims to make presentment on or before the time prescribed 
in the notice published by the said committee, as in this 
section required, such claim or claims shall be forever 
barred, and no money shall be had thereon : Provided, that 
notice shall be given of the time and place when such present- 
ment shall be made, by publication, at least once a week for 



CHARTER. 31 



the space of two months before the day specified. (This 
has been done, and this Act is the authority for bonds issued 
according to its provisions, and is therefore here inserted.) 

§ 73. Be it further enacted. That the corporate author- iglo;!*! 
ities of the city of Mobile shall have the authority to assess, '""^ ^"^ 
and collect from, all persons trading or carrying on any bu- f^^onhutt 
siness, trade or profession, within the limits of said city, "^^^' 
(mechanics carrying on their trades or journey-work, except- 
ed,) a license tax which shall be assessed in three grades ; the Three grades 
amount of the hcense tax of the first grade shall not exceed First grade. 
twenty dollars per annum ; the amount of the second grade second. 
shall not exceed ten dollars per annum, and the amount of 
the third grade shall not exceed five dollars per annum : the Third. 
amount of said license taxes shall be fixed by ordinance from 
time to time as shall be deemed necessary : and when lesser 
rates are assessed, the amount of the several grades shall 
bear the same proportion to each other as above. And itD„tyofas- 
shall be the duty of the city assessor in assessing the city ^''^^"''' 
taxes, to assess under such ordinance, the person subject to 
said license tax, according to their true and proper grades 
resiDCctively, and according to their best judgment, with a 
just regard to the extent, amount, and profits of the trade, 
business, or profession of the person so assessed. And no 
person shall be required to pay more than one of said grades 
in any one year ; nor shall any person engaged in the retail 
trade only, be considered subject to any license tax, other 
than one of the third grade ; nor shall more than one license 
tax under this Act, be assessed against the partners of any 
firm trading or caiTying on any business of said firm where 
the firm is assessed ; And provided, that nothing in this to extendto 
Act shall be construed to apply to or afiect licenses granted retl" ers, &c. 
or which may be granted to retailers of liquor, keepers of 
taverns, billiard-tables, nine or ten-pin alleys, circus or other 
theatrical exhibitions for public amusement ; nor shall any 
tax assessed or paid on real or personal property by any 
party, operate as an exemption from such license tax as 
herein provided ; and all the provisions of the statutes here- 
tofore passed conflicting with the provisions of this section, 
are hereby repealed. 



32 CHAETER. 



(1845, Sec- § 74. Be it further enacted, That iu all cases in which 
assessors for city taxes for the city of Mobile, are or shall he 

Assessment 

shall be lor authorizccl by law to assess the value of real or personal es- 

cash valua- ... 

''°°- tate in said city, the only rule of appraisement shall be the 

cash value of the property so assessed, and the assessor or 

^faiiTIL assessors shall in all such cases of assessment make oath or 

oath thereof, affirmation before the mayor of said city, or some lawfully 
qualified justice of the peace, that he or they, the said 
assesso' or assessors, have valued and set in the tax list the 
property so assessed by him or them, according to their best 
judgment, at its value in money, at the time of the assess- 
ment, which oath or affirmation shall be written at the end 
of every such assessment list, and shall be subscribed by 
each and every assessor making such assessment. 

(1853, Sec- § 75. Be it further enacted, That it shall be lawful for 
the mayor, aldermen, and common council of the city of 

Powers of . "^ ^ ' '' 

mayor, &g. Mobilc, to pavc, shcll, Or plank any street or streets, part or 
shell ''oT^' P^^^s of ^ street within the limits of said city, upon the 
street "^"^ written aj)plication of the owners of at least two-thirds in 
quantity of the real estate located on each side of the street 
How made. ^^ gtrects, part or parts of a street, which it may be j)i"oposed 
to have thus improved, which said jjaving, shelling, or plank- 
ing, shall be done at the expense of the owners of the pro- 
perty located upon any street or part of a street so imj^roved, 
in such a proportion as that each piece of said property 
shall pay of the expense of any such imjorovement, a frac- 
tional share thereof, equal to its front on any such street or 
parts of a street so improved ; and after such improvement 
is complete, for the purpose of ascertaining the proportion 
of said expenses to be paid by the owners of such property, 
ma^or^lnd ^^ is hereby made the duty of the city surveyor and the 
veyor?*^' mayor of said city to certify in wi'iting, the proper 
amount due from each owner or piece of property whose own- 
er is unknown, to the tax collector of said city, which 
amounts so certified shall respectively be levied on each 
piece of said ^jroperty, and shall be collected by said corpo- 
ration in like manner as the taxes on real estate are author- 
ized to be collected under the j^rovisions of the charter of 
said city, enacted in the year 1844 ; and when so collected, 



CHARTER. 33 



the said tax collector shall pay the same to the city trea- 
surer. 

§ 76. Be it further enacted, That the said corporation tJon'lf'"'' 
shall have full power and authority to purchase and pro- provide for 
vide for payment of the same, all such real estate as may p^^'"^" ^' 
from time to time be deemed necessary and proper for the 
purpose of establishing markets and market houses within 
the limits of said corporation. 

§ 77. Be it further enacted, That in order to change (I854, seo- 
the present system of wharfage in the city of Mobile, and '"" '^ 
to substitute dockage charges on vessels in lieu of charges nTa^or^nd 

-, - 11*1 Ti 1 aldermen as 

on produce and merchandise, the mayor, aldermen and to wharves. 
common council of the city of Mobile shall have power and 
authority to obtain, by contract, the property in or the con- 
trol of the wharves and wharf property of the city of 
Mobile, so far as the same may be practicable, and shall 
have power, if necessary, to issue city bonds for purchase 
money for the same not having more than four years to run, 
and not bearing a rate of interest exceeding six per cent. 
per annum, which bonds and interest shall be paid out of 
said property and its proceeds, and no other property of 
the city shall be taxed for the payment of said bonds, or in- 
terest on the same. 

§ 78. Be it further enacted, That in order to accomplish (1854. seo- 
said purpose, if found practicable the said corporation of "°" ''' 
Mobile shall be authorized to appoint, in such mode and pornter ^'' 
manner as it may provide, a board of trustees, who shall 
be charged, under the control and supervision of said cor- 
poration, with the can-ying into effect of said wharf arrange- 
ment, with power to purchase, contract for, arrange and 
compromise in the name and behalf of the city with all 
owners of wharves and wharf property, and to make all 
suitable agreements to accomplish the object aforesaid so 
far as the same may be found practicable and expedient, 
under such ordinances and regulations as said corporation 
may from time to time prescribe. 

§ 79. Be it further enacted. That the said board of (IS54, sec- 
trustees shall be placed in charge of all such projjerty as '"" ''' 
may be acquired, or the control of which iray be obtained 



34 



CHARTER. 



(1854, Sec- 
tion 4.) 



May raise 
revenue. 



under tlie' authority of this Act, to be managed, regulated 
and controlled by them, to be improved, kept in repair and 
disposed of as they shall think best, and as shall l:>e pro- 
vided by the city ordinances ; and all revenues to be raised 
therefrom shall be applied by said board to pay all expenses, 
improvements and repairs, and from the same they shall 
pay all interest on such city bonds as shall be issued under 
the authority of this Act, and they shall provide also out 
of the same a sinking fund for the payment of the principal 
of said bonds. 

§ 80. Be it further enacted, That said board of trustees 
shall have power to raise a revenue from such wharves and 
docks as may be under the control of the said corporation, 
by establishing and collecting a rate of dockage and wharf 
charges to be paid by all ships, vessels, steamboats, steam- 
ships and crafts of all description trading to, at and from 
the port of Mobile, the bay of Mobile, and the rivers and 
streams emptying into the same, all of which shall be sanc- 
tioned by proper ordinances of said city. 

§ 81. Be it further enacted, That said board of trustees 
shall have power to appoint a proper person as superintend- 
ent of wharves, whose duty it shall be to collect and pay 
out all moneys under the control of said board, to keep said 
wharves and docks in repair, and attend generally to the 
execution of the acts of said trustees ; said superintendent 
shall give bond, payable to the mayor of the city of Mobile, 
in the penal sum of fifty thousand dollars, conditioned for 
the faithful discharge of the duties of his office ; the said 
board of trustees shall also appoint all such clerks and 
agents as may be needed, the compensation of all of which, 
as well as that of the superintendent, shall be fixed by the 
corporate authorities; said board shall make return in detail 
of all its accounts and transactions to the mayor of the 
city as often as required, not less than once in each year, 
and in all things be subject to the control of the corporate 
authorities of said city. 

§ 82. Be it further enacted. That in order to enable the 
corporate authorities of the city of Mobile to carry into 
full effect the arrangement contemplated in this Act, said 



(1854, Sec- 
tion 5.) 

Appoint- 
ment of su- 
perintendent 



Board to re- 
port to the 
mayor. 



(1854. Sec- 
tion 6.) 



Special tax. 



CHARTER. 35 



corporate authorities shall have power to levy a special tax 
on the real estate in the city not exceeding the rate of one- 
tenth of one per cent., which tax shall he collected by the 
city tax collector, under such powers, rules and regulations 
as are provided by law for the collection of other city taxes 
on real estate, and paid over by him as fast as collected to 
the trustees aforesaid ; and it shall be the duty of the said 
trustees to appropriate the money thus received to the 
building of wharves over such slips as are now or may 
hereafter become the property of the city, or in the con- 
struction of a levee or levees, under such regulations and 
upon such plans as may be prescribed by the city authori- 
ties ; and in no case or event shall the money thus collected 
be appropriated to any other use or purpose whatever. 

§ 83. Be it further enacted, That the financial year shall (iggg, sg,.- 
commence on the fourth Monday in March. '^°" ^'^ 

§ 84. Be it further enacted, That the mayor and alder- (jsn. 1832, 
men of the city of Mobile shall, at the first meeting of their "^^ '°" ''' 
board to be holden after the first day of February, 1832. aidcTmento 
and at the first meeting thereof in each subsequent year, committee 

1 • o ^ • r HIT -\ -\ ^ of mechanics 

appoint four master mechanics 01 the city 01 Mobile, to be 
measurers and estimators of work ; and the said four shall 
be called the committee of master mechanics of the city of 
Mobile. 

§ 85. Be it further enacted, That whenever any difi'er- cisss soc- 
ence arises between persons interested in any work done to , ,.„ 

-1- ■'A uinerence 

or on any building within the city of Mobile, concerning ^""rrto'bf 
said work, whether the same be as to quantity or quality of t[;g"o^^^.'° 
the work, the said difierence shall be, at the suggestion of '"'*'®^" 
either of the parties interested, referred to the said com-^ 
mittee of master mechanics, in manner and form herein- 
after provided. 

§ 86. Be it further enacted, That any person or persons (isa2, sec- 
wishing to avail him or themselves of the privileges of this '"" '•* 
Act, shall give notice in writing to the said committee, that ceedmg.''™ 
a difference has arisen between himself and another or 
others, touching the quantity of work done, or the quality 
thereof^ (as the case may be) on any building or buildings, 
(describing the same) whereupon it shall be the duty of the 



36 



CHARTER. 



said committee, or a majority thereof, to give private notice 
in writing to all parties interested, if the same be practic- 
able, and if not practicable, public notice in a newspaper 
printed in the city of Mobile, that they intend, at a certain 
time and place to be mentioned in said notice, the time 
being not less than two nor more than ten days from the 
service or appearance of said notice, to proceed to measure 
the quantity, or estimate the quality, (as the case may be) 
of such work : and at the same time and place so apjDointed, 
the said committee, or a majority thereof, shall proceed to 
measure and estimate as aforesaid, and shall thereupon give 
to the party at whose instance the same was done, and to 
such others as may require it, a certificate setting forth 
their doings in the premises ; and the said certificate, under 
the projjer hands and seals of the said committee, or a 
majority thereof, shall be held and deemed in any court in 
this State, evidence as to the quantity or quality of the 
work in question, and also as to any notice required by this 
Act : Provided, that nothing contained in this Act shall 
prevent any person who may feel himself aggrieved by any 
such survey, from his right of appeal. 

§ 87. Be it further enacted, That with regard to the 
quality of any work done as aforesaid, the said committee 
shall, when it shall seem to them, or a majority of them, 
that the same has not been done in a workmanlike manner, 
barely certify the per centage that shall be deducted in 
consequence thereof. 

§ 88. Be it further enacted, That any vacancy or vacan- 
cies which may occur, by death, resignation, absence or 
removal, shall be supplied by the mayor and aldermen 
aforesaid, and that a continued absence of sixty days from 
the city of Mobile, shall forfeit membershiji, which absence 
shall be certified to the clerk of the city of Mobile. 

§ 89. Be it further enacted. That the said committee 
shall be entitled to such compensation as the mayor and 
aldermen shall, from time to time, establish by ordinance, 
which compensation the parties interested in said work shall 
pay, share and share alike. 

§ 90. Be it further enacted, That all suits brought by 



(1832, Sec- 
tion 4.) 

Work not 
faithluUy 
done. 



(1832. Sec- 
tion 5.) 



Vacancies, 
how filled. 



(1832, Sec- 
tion 6.) 



Compensa- 
tion. 



(1832, Sec- 
tion 7.) 



CHARTER. 37 



said committee for the recovery of fees, shall be in the name Recovery of 
of the committee of mechanics of Mobile. 

§ 91. Be it further enacted, That every member of said <i832, seo- 
committee shall, before he enters upon the discharge of the ^ , , ^ 

' -■■ _ ~ Oath of office 

duties of his office, take and subscribe an oath, faithfully 
and impartially to discharge the duties of his office so long 
as he may continue therein, which oath shall be filed in the 
office of the clerk of the city of Mobile. 

§ 92. Be it further enacted, That the mayor, aldermen a^^^. sec- 
and common council of said city shall have power and au- *'°" ^'^ 
thority concurrent with the probate court and overseers of aidJrme^" to 
the poor of this State, to provide for the indigent, lame, rent power 

-, . .., , • ^ • 'with county 

blind, and others not able to mamtam themselves withm court in re- 

_ fer&nce to 

said city, and also to bind out as apprentices, such orphans ^e poor, &c. 
and poor children within the limits of said city, as in the 
opinion of the said mayor, aldermen, and common council, 
may require it, in the same manner and under the same re- 
gulations as the probate court and overseers of the poor 
now do, and require from the masters of such persons, that 
they engage in a covenant entered into with the said 
mayor, aldermen and commozi council, that they will provide 
for such apprentices such food, clothing, instruction, and 
education as the said mayor, aldermen and common council 
may require; the same to be specified in such covenant. 

§ 93. Be it further enacted, That the said mayor, alder- (1844, sec- 
men and common council shall have power to lay a poll 

11 '■ Poll tax of 

tax of not exceeding two dollars on each and every passen- $2 on every 

. , n . . passenger. 

ger arriving at or coming to the port of Mobile from any 
foreign State or kingdom, in or on board any vessel, steam- 
boat, or other water-craft, except such as are employed on 
any of the rivers leading to the port of Mobile ; which poll 
tax shall be collected and paid into the city treasury, for 
the use of the city hospital.''' 

* § 864. — Every master of any vessel coming from any port or place out of this State (except j^jg(. ^^ g^g-^ 
New Orlear s) at the port of Mobile, who is by any law of the United States, required to enter and passen- 
Buoh arrival at the custom house, must, within one day after such arrival, deliver at the person entry 
mayor's office, on oath, a correct list of every person who arrived in such vessel, first stating given and 
the names of the officers and crew, the names of each passenger, the color and sex of each sworn to. 
person, and if they are free, or slaves. 

§ 865. — The oath required by the preceding section may be administered by the mayor, or idem, 
other person authorized, for which he is entitled to a fee of twenty-five cents. 



38 CHARTER, 



(Feb.is54, S 94. Be it furtTiev enacted, That there shall be ap- 
pointed by the mayor, the collector of the port, and the pre- 
sident of the common council of the city of Mobile, on the 
fii-st Monday in November of each year, three persons who 
fnJ.'h^wtp- ^^^^^ l>e denominated port wardens, one of whom shall be 
pointed. designated as, and shall serve as harbor master, all of whom 
shall devote their whole time to the discharge of the duties 
required of them by this Act ; and for any refusal or ne- 
glect thereof, or for improper conduct in their discharge, the 
said mayor, the collector of the port and president of the 
common council, are hereby authorized to remove them one 
or all, and to appoint others in their stead. 
(1854 Sec- § ^^- ^^ '^^ further enacted, That the said harbor mas- 
tion 2.) ^gp r^T^^ wardens shall have an office in the city of Mobile, 
fe'cOTds!"^ in which shall be kept for the inspection of all persons 
therein interested, in a book or books to be provided for the 
purpose, a full and complete record of all their official acts. 
(1854^ Sec- § 96. Be it further enacted, That it shall be the duty of 
the harbor master to regulate and station all shi]is and ves- 

Dutyofhar- . . . , . , ,. , ,- i • ,- nir 

bor master scls amviug withiu tlic corporatc limits 01 the citv oi Mo- 

to regulate . _ . , -"■ , - 

ships, boats, bile, and from time to time to remove such shius or vessels 
&c. ' ... . . ^ . 

as are not employed in receiving or discharging their cargoes 

to make room for such others as require to be moored imme- 
diately — accommodated for the purpose of receiving or dis- 
charging cargo ; and as to the fact of their being fairly and 
hona-fide employed in receiving or discharging cargo, the 
said harbor master is hereby constituted sole judge ; and 
the said harbor master shall have authority to require mas- 
ters and others having charge of ships and vessels made fast 
thefripars. to any of the wharves, to so adjust their spars that they will 
not interfere with other vessels or project over any of the 
streets in said city, and shall also have authority to deter- 
mine how far and in what instances it is the duty of mas- 
ters and others having charge of ships and vessels, to accom- 
modate each other in their respective situations ; and if any 



Li t \ here ^ 8C6.— The clerk of the city of Mobile must file in his office ,%11 such lists, for the inspeo- 
filctl. tinn of any citizen of the United States, on paying a fee of ten cents. 

§ 867.— The master of any such vessel arriving in tho port of Mobile, failing to make out 
foihire^to '"^"'^ deliver the list of his officers, crew, and passengers, as, and within tho time required by 
give list. this article, forfeits the sum of two hundred dollars ; one half to the use of the person 
suing for the same, the other to the use of the city of Mobile. 



CHARTER. 39 



master or other person having charge of any ship or vessel, 

shall resist or opjDOse the harbor master in the execution of faffing wTe- 

the duties of his office, such master or other person shall obeyf ° 

forfeit and pay for every such offense the sum of fifty dollars, 

to be recovered, with costs of suit, in the name of the master 

and wardens of the port of Mobile, before any court having 

coo;nizance thereof, and all of such fines shall be paid into ^ 

*^ ^ -^ In case or 

the treasilrv of the city of Mobile, for the use of the poor si^i^'ness or 

•J <! ^ J- absence ol 

of said city ; and the said harbor master, in case of sick- |e^/'^°ne"Sr' 
ness or temporary absence, shall have power to appoint one ^(fj^'*''"^ '° 
of the wardens his deputy, who shall be invested with all the 
powers conferred by this Act on the harbor master. 

§ 97. Be it further enacted, That it shall be the duty of tion 4.)^''" 
the said harbor master and wardens, or any one of them, on Duties of 

... , 1 c 1 • harbor mas- 

application being made to them lor the purpose, to mspect ter and war- 
and be present at the opening of the hatches of all vessels present at 

. . . . . . opening 

arriving within the corporate limits of the city of Mobile, iiatcnes, 

~ J- ^ J survey, in- 

and to survey the storage of their cargoes ; and in making ^^^fji^i^g' 
record as aforesaid of such inspection of hatches, they shall ^^'^°^^ °^- 
state whether they were properly covered and secured, 
and of cargo, they shall designate every package of mer- 
chandise surveyed by marks and numbers, and if such 
package or packages have appearances of being damaged, 
they shall state how such package appeared to have received 
damage. 

§ 98. Be it further enacted, That it shall be the duty of (i854 see- 
the said harbor master and wardens, or any two of them, ^^ .^^ ^^^ 
when applied to for that purpose, to inspect all damaged merchawilse 
cotton or other merchandise arriving in the city of Mobile, ^^ j^^tg^^j 
and to attend and direct the sale thereof at public auction, ^"le oTa'am- 
if in their opinion the damage thereto is sufficient to justify &^" at Tuc- 
its sale, and the owner or consignee thereof orders it sold '°°" 
under their direction, and to give a certificate of such sur- certificate, 
vey, and of the correctness of the sales under their hands 
and official seal : Provided, That they shall direct and 
certify no sale of damaged cotton or other merchandise at ,„ ^ 

•'<-', 48 hours no- 

public auction, unless forty-eight hours' notice of the time ^^^^^'^ '^^ 
and place of such sale or sales has been given in one of the 
newspapers of the city of Mobile. ^ ,,^^.. !,».•■". '^ 



40 CHARTER. 



(1854, SCO- S 99. Be it furtlier enacted. That the said harbor master 

Hon 6.) "^ '' ^ ' 

To surve • ^^^ warclens, or any two of them, when called upon by the 

empfdv car- ^^^stev, ownei', OP consiguee to survey any ship or vessel, 

per to'do''so" ^^^^^^ ^Q'^Q power to cmploy a carpenter or carpenters to 

also laborers ^^^^ ,.|^g ceiHug, strip the sheathing, bore the timbers, and 

perform such other work as shall be necessary, to enable 

them to make a correct survey, and to employ laborers to 

move, open, cooper, or otherwise an-ange cotton or other 

merchandise they may survey, the expense of all which 

At the ex- ini-iii 

pense of shall DC paid by the owner, master, or consignee of such 

owner. , . ' . ° 

ships or vessels, or cotton, or other merchandise. 

(1854, Sec- § 100. Be it furtlier enacted, That for the survey to be 

''°" '■•* performed by the said harbor master and port wardens, by 

virtue of this Act, there shall be paid by the owner, master, 

or consignee of any vessel or cargo, the following fees, to wit : 

For every ship or vessel that may come within the corpo- 

Fees for sur- rate limits of the city of Mobile, and load, discharo;e, or 

vey. , , "^ .' ' '^ ' 

make fast to any of the wharves in said city, at and after 
the rate of three cents per ton, to be computed upon the 
tonnage expressed in the register on enrollment of such ship 
or vessel ; for every survey of the hatches, or of the stowage 
of the cargo of any ship or vessel, three dollars ; for every 
survey of damaged cotton, or other merchandise, ten dol- 
lars ; for every survey for any ship or vessel, ten dollars ; 
and for attending directing, and certifying the sales of 
Tor sales and damaged cotton, or other merchandise, as required bv this 

certificate. ° ' , . 

Act, they shall be entitled to the following compensation, 
to wit : On sums of two hundred dollars and under, five 
per cent. ; over two hundred, and not exceeding five hun- 
dred dollars, two j)er cent. ; over five hundred and not 
exceeding one thousand dollars, one per cent. ; and over one 
thousand dollars, one quarter of one per cent. : Provided, 
Proviso. That the foregoing charge of three cents jjer ton shall not 
be paid on flat boats, and that it shall not be required more 
than once in each year from packets and regular traders 
between New Orleans and Mobile, and Pensacola and Mo- 
bile, and American steamers engaged as regular jjackets to 
Mobile, and from steamboats and barges employed on the 
rivers that flow into Mobile bay. 



CHARTER. 41 



§ 101. Be it further enacted, That all the revenues (i848, seo- 
arising to the harbor master and wardens for the services '°" '■* 
required of them by this Act, shall constitute one fund, of revenue" 
out of which shall be paid first, all their office expenses, 
then there shall be paid to the harbor master the sum of 
five hundred dollars : the residue of said fund shall be 
divided equally between the said harbor master and ward- 
ens, one-third to each. 

§ 102. Be it further enacted, That no person acting as ti'^^'.^^^''' 
agent or insjDector of any insurance company, or any owner Quaufioa- 
or consignee of any ship or vessel, or any person employed ''°°' 
by the owner, master or consignee of any ship or vessel, for 
any purpose in connection with ships or vessels, except as 
provided by this Act, or any person who furnishes supplies, 
or materials of any description to any ship or vessel, or any 
person having any direct or indirect interest in the business 
of auctioneer, shall be appointed a harbor master or port 
warden. 

§ 103. Be it further enacted, That the harbor master ^^^o^gs^^""" 
and wardens of the port of Mobile be, and they are hereby ^his is quai- 
authorized to point out and direct where ballast shall be o^he cotfe^.^ 
discharged in or about the bay of Mobile, and that the Harbor mas- 
master or officer of any vessel or other person who may violate reetThere 
such direction after the -same shall have been given or pub- be placed. 
lished, and discharge the same at any other than the place 
or places pointed out as aforesaid, shall forfeit and pay the Penalty, 
sum of five hundred dollars for every such offense, with 
costs, to be recovered before any court having competent 
jurisdiction, at the suit of the harbor master, one-half of 
which shall be paid to the person or persons giving infor- 
mation of the same, and the other half to the use of the 
city of Mobile.'* 

♦ § 891.— No steamboat must carry freight or passengers on any of the navigable waters go^fg jg jjg 
of this State emptying into the bay of Mobile, without having undergone a thorough sur- examined 
vey and examination by the board, harbor master, and wardens of the port of Mobile, and "-"^ ^"Z^^^j 
such board are required to make such survey and examination as often as may be neces- 
sary, but at least once in each year. 

5 892.— If, on such survey and examination, such boat is found to be well provided in hull Certificate, 
and machinery, and in all respects well found, and river- worthy, for at least one year there- " river- 
after, such board must grant a certificate thereof, and enter the same of record in the port 
warden's office. 

§ 893. — If any boat carries freight; or passengers on such waters, without first obtaining 



42 CHARTER. 



(1844, Sec- S 104. Be it further enacted. That all negroes that are 

tioii36.) -Ill • 

or may he hrouojht or sent within the limits of the city, hy 

Negroes for "^ ° J ^ J 

tohe'"^^" ^^^ person or persons whatsoever, for sale or hire, shall he 
de?k'ioffioe ^^-^y registered in a book kept for that purpose in the clerk's 

office of said city, and the mayor, aldermen and common 
mg o^r'hiring coiincil shall have power to regnlate and prescribe the man- 
iiuld!^" ner and places of selling or hiring such slaves, and the 

manner and places of exhibiting same for sale or hire. 
(1844, Sec- § 105. Be it furtlier enacted, That the boards of mayor, 

aldermen and common council shall have power to require 

May require , „ . . . 

fencing and thc fcucmg Or inclosiug any vacant lot within the limits of 

inclosing '-' o ^ 

Lots to be ^^® ^^^y ' *° require lots to be cleansed and cleared of all 
and cleared ^uch nuisauccs as to the said boards may seem necessary to 
since"."'' ^6 removed ; to require sidewalks to be made fronting any 



How where 
owner is un^ 
known. 



Jidewafk™ lo^s witliin the corporate limits ; and in every instance 
where no owner or agent can be found, to make such cleans- 
ing and improvements, or in case of the refusal or neglect 
How en- of the owncrs or agents to comjjly with the orders of the 
owner fails authority aforcsaid, then the said boards may cause the 

to act. '' ' '' 

same to be done, and let out such lot or lots for such term 
, of time as will cover the expenses incurred in so cleansing 

or improving any such lots, having first given ten days' 

public notice thereof in one of the newspapers published in 

the city of Mobile. 
(1844 Sec- § ^^^- ^^ *^ further enacted, That the mayor, aldermen 
tion 39.) g^Q^i common council shall have full power and authority to 
may befegu- pi'ohibit and prevent the erection and construction of all 
lated. kind of wooden or other buildings, except those erected or 

Penalty for such certiiicate, and renewing the same as often as nnco in twelve months, the master and 

acting with- owners of such boat are jointly, and severally, liable for all damages to properly shipped 

out certifa- thereon, from any cause, or accident to the hull, machinery, or otherwise, and in all suits 
cate. , . 

for damages under this section, the burthen of proof rests on such master, or owners, and 

the certificate of the board of such harbor master, and wardens, is evidence of the trans- 
actions of such board. 
§ 894.— Any three of such harbor masters and wardens are surveyors of damaged property 
olMama'ffB l"'°"Sht into the port of Mobile, on any steamboat, vessel, or other water-craft, and must, 
on goods upon every such survey, certify, under their hands, the amount of damages which any 
brought into owner, or shipper of such property has sustained, ami cause entries thereof to be made in 
P ■ a book to be kept in the port warden's office for that purpose ; which surveys and certificates, 
or certified copies thereof from such book, are evidence in any court of this Slate. 
§895.— For each survey, and examination of any boat made under this article, and for cn- 
I master '^ri^S 'he same of record, and giving a certificate thereof, such harbor master and port 
and port wardens are entitled to a fee of five dollars, for each additional certificate, one dollar, for 
wardens. each survey of damaged property, to three dollars a day each, for giving certificate and 
making entries, one dollar, and for giving a, certified copy of sucli survey, one dollar. 



CHARTER. 43 



constructed of brick or stone and covered with slate or 
metal, and within such limits as they may deem best for 
the safety of the city. 

§ 107. Be it further enacted, That if any person or per- ^^^'^qT' 
sons shall either directly or indirectly build or cause to be ^^g p^^ day 
built, or shall knowingly suffer or permit any wooden or ^f^iaUng""^ 
other building or buildings, except as aforesaid, to be erected, 
built or put upon his or her or their lot or lots within such 
limits and boundaries as may be designated by the said 
board of mayor, aldermen and common council ; such per- 
son or persons so offending against the provisions of this 
Act shall for each and every day he, she or they shall con- 
tinue so to offend, forfeit and pay the sum of fifteen dol- 
lars, to be recovered before the mayor or any one of the 
aldermen or common council of said city. 

5 108. Be it further enacted, That the mayor, aldermen (ism- sec- 

<J -^ _ _ ' _ . tion41.) 

and common council for the time being, and their successors „ , 

~' Wooaen or 

in office, shall be fullj^ authorized and empowered to re- •'ngfe'^rected 
move such wooden or other buildings as have been erected mayVe^^e- 
since the first day of January, in the year of our Lord "'°^'^'^' 
eighteen hundred and twenty-nine except those constructed 
of brick or stone, as have been or may be erected, built or 
put up within the limits to be deferred as aforesaid by said 
corporation, which removal shall be at the expense of the 
city : Provided always. That the said mayor, aldermen Proviso, 

'' . . should be 

and common council be of opinion that the protection of necessary, 
said city and its safety and security from fire will be in- 
creased by the removal of said wooden or other buildings ; 
and provided also, that they first pay to the owner or 
owners thereof such equitable compensation in damages as ^^^ equita- 
a jury of freeholders in said city, to be summoned and sidonhlu' 
sworn as in other cases by the mayor for the time being, '^ "^'^ ^' 
shall be of opinion that he, she or they may sustain thereby. 

S 109. Be it fiLrther enacted. That for any default of (i844, seo- 

"^ '' , ' '' tion42.) 

attendance of any iuror who may be drawn and summoned 

, / 'J . •' , Defaultin=r 

under the provisions of this Act, such iuror shall and may i^roj, how 

J- -7 J o punished. 

be fined by the mayor or any one of the aldermen or com- 
mon council in a sum not exceeding twenty dollars : Pro- 
vided, that a reasonable excuse made on oath by such^e^a^d! 



44 CHARTER. 

defaulting juror, shall exempt him from the payment 
thereof. 
(1844 seo- K 110. Be it further enacted. That all physicians who 

Hon 43.) •J' ^ ^ ' ^ •' 

„ . . may be appointed by the said mayor, aldermen and common 

Physicians j i. r j j 7 

shau'enibrce couucil, to cany iuto effcct their ordinances in reference to 
nanoes."'^'^^' the preservation of health in the city of Mobile, shall be 
obliged to give their opinions in wi-iting when thereto 
requested by the said mayor, aldeiTnen and common coun- 
cil, touching any contagious or malignant fevers jirevailing 
within the limits of said city of Mobile, or any disease, 
matter or thing which affects the health or lives of the 
inhabitants of said city.'-"' 
(1844 Seo- S 111. Be it further enacted. That the said mayor, or 

tion 44.) "^ •'_ ' . 

-, , either of- the said aldermen or common councilmen shall 

Mayor &o. 

procesf un- i^suc his proccss as a justice of the peace for the city of 
fcoVafa"^"'' Mobile, for offfenses committed under this Act, and for a 
i^eaie!"^'^" broach of all or any of the by-laws, or ordinances of the said 
Directed to corporatiou, to the marshal or any one of the police consta- 
po ice o car ^-|^^^ appointed by the said corporation, who shall bring the 
offenders in pursuance of the said process, before the said 
mayor, or the alderman or common councilman aforesaid; 
Mayor &c. and the said mayor, the alderman or the common council- 

shall try. '' ' 

man who may have issued the process, shall proceed to try 
the offenders, and examine all witnesses that may appear or 
be subpoenaed before him, both on the part of the corpora- 
menl^"'^" tiou and on the part of the delinquents, and give judgment 
as to him shall appear just and legal ; and if the said per- 
son or persons who may be brought before the said mayor, 
alderman or common councilman, shall be dissatisfied 
with the decision of the said mayor, alderman or common 

Appeal, how . pi-i i 

taken. counciiman, he, she or they may forthwith appeal to 
the circuit or city court of Mobile county, in all cases 
where the judgment shall exceed twenty dollars, and 
the said person or persons shall give a bond, with good 
and sufficient security, to pay and satisfy the judgment, 
with costs, in case the judgment of the said mayor, alder- 
man or common councilman shall be affirmed by the said 

* Members of the Mobile medical society are required to observe such ordinances. Act 
December ^Ist, 1841, section 6. 



CHARTER. 45 



circuit or city court, and the proceedings tliereon shall be 
as are prescribed by law in other cases of appeal. 

S 112. Be it further enacted. That from and after thepeb-i852, 

■J _ •' ' _ _ Section 10.) 

passage of this Act, all fines and forfeitures adjudged or ^j^^^ ^^ 
assessed against any white person or persons, or free person forJ^d by "x- 
or persons of color, by the mayor or any one of the aldermen Ileitis bt 
or councilmen of said city, under or by virtue of any statute oTThi^peace. 
of this State, or of any proper ordinance of said city, may be 
enforced and collected against any such person or persons by 
execution to be issued by the clerk of said corporation, and to 
be directed to and executed by any marshal, deputy marshal, 
captain or lieutenant of the guard of said city ; which said 
execution shall in all respects, except in the direction thereof 
as aforesaid, conform to and be governed by, and be executed 
by the said officers to whom the same is to be directed, in 
the same manner as is required by the laws regulating exe- 
cutions issued by justices of the peace of this State. 

§ 113. Be it further enacted, That the said corporation (^i^^^^g^^"- 
be, and they are hereby authorized to cause a complete and gurvey of 
accurate survey to be made of the said city, agreeably to gx-bo^undl" 
the courses and limits prescribed in this Act, and to estab- umits?'^ 
lish and fix from time to time, permanent boundaries at 
such places as they may deem necessary and proper for per- 
petuating the boundaries of said city ; and to cause the city into 

1 • 1 T • • IP 1 squares. 

squares, into which the city now is or hereaiter may be 
divided, to be numbered, beginning at such point as the 
said corporation may designate, and progressing with the 
same in the manner they may direct, and also to cause the 
front and depth of each lot so numbered to be measured ^°'^ 
and specified on the survey of the said city, and after the 
said survey shall have been so made and approved by the 
corporation, the same shall be admitted to record in the to be re- 
office of the clerk of the probate court of Mobile county, or 
in such office as at the time of completing said survey shall 
or may by law be appointed for recording deeds. 

§ 114. Be it further enacted, That it shall not be lawful (i844, sec- 
for the mayor, aldermen and common council of the city of 

. New streets 

Mobile to make any new streets, or to make any alteration, "r aitera- 
improvement or repairs of any already made, of which the 



46 CHARTER. 



Improve- wliole cost and expenses sliall exceed five hundred dollars, 

merits &.C. "f , , . 

streets, oyer unless upon the wi'ittcn ajjplication of the owners, of at 

TclTtion b^ ^^^^^ one-fourth in quantity of the property through or over 

hoMersof at which such uew street, alteration, improvement or repairs 

foufthlnter- ^^6 desired to be made ; and it shall be the duty of the 

Notice to be ^^ayor to give notice of such application for thirty days, in 

j^ctiois.' °^' the newspapers of Mobile, or some one of them, in order 

that persons interested therein may signify their objections 

If objections to the Same, and if after the expiration of such notice the 

board of aldermen and common council ordain the making 

alterations, improvements or repairs of such street, it shall 

be at the expense of those benefited by the same ; and it 

Jury to be shall be the duty of the mayor to impannel a iuit of twelve 

impanneled '' *' ■*■ o j 

to assess, freeholders of the city of Mobile, who shall assess the pro- 
perty benefited by and adjacent to the proposed new street, 
alteration, improvement, or amendment, the fractional part 
of the whole sum paid or expended, or directed by ordi- 
Asaessment naucc to be paid or expended, which assessment shall be a 
a hen, how. ]jgjj qj^ ^\^q property, and collected by the said corporation 
in like manner as the taxes on real estate are collected 
under the provisions of this Act ; and if the new street, 
alteration, improvement or repairs shall be requested by the 
owners of one-fourth part of the property, in manner afore- 
said, and the same shall be made by reason of any ordinance 
When own- of the Corporation, the several parties benefited as afore- 
contribute. gaid, shall be comj)elled to contribute to the expense of 
making the same, although the forms prescribed by this 
section may not have been strictly comjilied with, and the 
request and ordinance shall alone be deemed essential to 
Proviso, create the claim for contribution : Provided, that the street 



streeTtobT Called and known by the name of Government street shall 

^* '^ ^ be, and is hereby declared to be one hundred feet wide, and 

it shall be the duty of the said cori)oration to designate and 

Northern distinctly mark out the northern limits of said street accord- 

limits.asun- . ^ ch • 

derspanisii ing as tho samc were established by the Spanish govern- 

government, '-' ./ ± o 

to be marked meut, as nearly as can be ascertained by the Sjianish records, 
by the records of the land ofiice, or by any other evidence 
which they may deem necessary or satisfactory ; and the 
limits, when so ascertained, marked out and designated, 
shall be the permanent northern boundary of said street. 



CHARTER. 47 



§ 115. Be it further enacted, That the said corporation q844, seo- 
shall have power, and they are hereby authorized, to alter 
and change the names of streets of the said city, whenever name of 

, , ' streets. 

they may deem it expedient, and they shall mark the names 
when so altered and changed, together with the original 
names thereof, in the map of said city. 

§116. Be it fiLrther enacted. That all Acts and parts of ^J^^l^"' 
Acts inconsistent with this Act or with any provisions -That nothing 
thereof, except the Act entitled "An Act to enable the isii'shtn a*f- 
corporate authorities of the city of Mobile to provide for oTis43, or 
the security and payment of the debt of said city, and fortionoCAct" 
other purposes," approved the 11th of February, 1843, and 
except also the 18th section of an Act entitled " An Act to or Acts in- 

■■• _ _ consistent 

alter and amend the charter incorporating of the city of '^l^'ii^® ^^^ 
Mobile," passed December 24th, 1824, which provides for i-epeaiei 
the repeal of the Act to incorporate an acqueduct company 
in the city of Mobile, be and the same are hereby repealed. 

§ 117. Be it further enacted, That hereafter the number ^^«^;^i^8*8 
of justices of the peace in and for the city of Mobile shall Q^g-^^jj^g 
not dejDcnd on the militia beats, but there shall be elected foVeach^''"^ 
for each ward in the city, one justice of the peace and one'^^'^''' 
constable, by the qualified electors of said ward ; who shall 
hold their office for three years and be governed by the same 
rules in every other respect that now govern justices of the 
peace, in their powers, duties, and fees : and their terms 
of office shall commence from the expiration of the terms of 
pffice of the present incumbents. 

§ 118. Be it further enacted, That all justices of theq848, seo- 
peace for said city shall keep a docket, on which shall be 

1 o ^ 1 n ^ i „ Justices 

entered a note of each case brought before them and ofshaiikeep 

'-' docket. 

their orders and doings thereabouts ; and that at the ex- .^ ^^ 

o ' At the expi- 

piration of their terms of office, whether by death or other- o^j.°"t°'^ 
wise the said books together with the papers of their office, papers to"^ 
shall be deposited in the office of the clerk of the orphan's phan's°court, 
com-t of Mobile county, and imperfect orders, proceedings judgeo^ 
and judgments may be perfected by the successor of the 
justice whose proceedings are thus defective. 

S 119. Be it further enacted. That from and after the (i848, seo- 

"^ "^ ' . tionS.) 

first day of November next (1848) justices elected in the 



48 CHARTER. 



foTir^o""' ^°^^^y o^ Mobile, beyond the limits of said city, shall not 
fiected^olt''^^® permitted to keep their offices within the limits of said 

of city. q[Ij 

(1848. Sec- § 120. Be it further enacted, That the mayor, aldermen 
tion 4.) ^^^ common council of the city of Mobile be charged with 
to°Tp°Joint° appointing inspectors and officers to hold the elections 
eieotion. hereinbefore provided for in the same manner that alder- 
vacanoy, men are elected, and in case of death or resignation of any 

how filled. n 1 . . n 

01 the justices herein provided, his place shall be tilled by 
election in the same manner as if his term of office had 
expired.* 

* January 12th, 1S26.— Section 1. Enacts that the judge of the county court and corn- 
Term of of- missioners of Mobile county shall appoint justices of the peace who shall continue in ofEce 
fice- during the term of three years, but for any malconduct or misdemeanor in office whatsoever, 

. may be prosecuted by information or presentment of a grand jury, in the circuit court of 
ed for mal- ^^''^ county, whicli information or presentment, shall specify the particular malconduct or 
conduct in misdemeanor with which such justice of the peace shall stand charged, and shall not be 
office. quashed, overruled, or avoided, for the want of form. And if the justice of the peace so 

prosecuted, on the return of a summons executed, shall fail to appear, at the term to which 
such summons is returnable, and plead to the information or presentment, or shall in open 
court confess the matter therein alleged, or shall be convicted thereof by the verdict of a 
jury, the court before whom such prosecution shall be had, shall certify the same to the 
governor, who, in either of the cases above mentioned, shall forthwith revoke the commission 
of such justice of the peace, and make known the same to the judge of the county court, 
and the person so removed shall thereafter be rendered incapable of holding the office of a 
justice of the peace in any county in this State. 

Section 3. Enacts that they shall appoint persons to servo as constables within the said 
county for the term of three years, but for any malconduct or misdemeanor in office, may- 
be removed on complaint by the said judge of the county court and commissioners of roads 
and revenue, and the said constables before entering on their official duties, shall severally 
To give bond snter into bond, in such manner, and for such sum, as now required by law. 

December oOth, 1S21. — Section 4. Enacts that from and alter the passage of this Act, the 
appomtraent to all offices in the said county of Mobile, which arc now by law vested in the 
judge of the said county court of Mobile county, shall be vested in the said judge and the 
commissioners of roads and revenue for the said county, or in the majority of the said judge 
and commissioners ; and that hereafter justices of the peace and constables in the said 
county of Mobile, instead of being appointed, pursuant to the existing laws, by the said 
judge and commissioners, shall be elected pursuant to the general laws of this State in re- 
lation to the election of justices of the peace and constables in the several counties of this 
State, but who shall enter into bond with security as is now required by law in the said 
county of Mobile, and be subject for misconduct and misbehavior in office to the penalties 
imposed by the Act of the general assembly entitled " An Act concerning justices of the 
peace and constables in Mobile county," passed January I'ith, 1826. 



THE CODE ORDINANCES 



THE CITY OF M:0]3ILE. 



PREPARED BY 



ALEXANDER McKINSTRY, 

IN PURSUANCE OF A RESOLUTION OF THE MAYOR, ALDERMEN, AND COMMON 
COUNCIL OF MOBILE. 



MEMBERS OF CORPORATION IN 1858. 



Mayor. 
JONES M. WITHERS. 

Aldermen. 
NEWTON ST. JOHN, President. 
JOHN BOWEN, CHARLES L. Le BARON, 

LLOYD BOWERS, A. G. MOORE, 

R. L. BURFORD, C. F. MOULTON, 

GEO. I. BLAKESLEE, J. B. MALONE, 
R. C. CUNNINGHAM, ISRAEL I. JONES, 
GEO. A. CLEVELAND, F. A. ROSS, 
GEO. A. KETCHUM, R. B. ROULSTON, 
JONA'N KIRKBRIDE, R. H. SLOUGH, 
R. A. LEWIS, S. C. STRAMLER, 

B. S. SKATES. 

Common Council. 
HENRY S. LEVERT, President. 
1st Ward, - - THOMAS ST. JOHN, 
2d " - - LEWIS T. WOODRUFF, 

3d " - - THOMAS P. MILLER, 
4th " - - HENRY S. LEVERT, 

5th " - - WM. E. JENNINGS, 
6th " - - GEO. H. SCHEFFELIN, 

7th " _ _ J. J. T. WILSON. 



OFFICERS OF THE CITY FOU 1858. 



H. A. Donaldson, - 

D. S. Cummins, - - 
John Hall, - - - 
J. H. Daugharill, - 
H. Gr. Blount, - - 

E. GiRARD, - - - 

W. a. Clark & Co. 

James Wilkins, - - 

J. S. Glisson, - - 

Wm. Bancroft, - - 

E. Alvarez, - 
Isaac Bryan, - - 
T. J. Ellison, - - 

D. KOBERTSON, - - 

D. Walker, - - 
P. J. Pillows. - - 

F. J. Bernard, - - 

R. L. BURFOOT, - - 

R. H. Redwood, - - 

J. KiRKBRIDE, - - 

C. W. Gazzam, - - 
W. D. Dunn, - - 
Jno. J. Walker, 

S. Charpentier, - - 

D. W. Fuller, - - 

J. M. SCALLICK, - - 



City Treasurer. 

" Clerk 

" Attorney. 

" Tax Collector. 
Keeper Poiuder Magazine. 
Clerk Mao^Tcet. 
City Printers. 

Weigher of Hay. 
Inspector of Staves. 
Insjjector of Wood, North. 
Insp)ector of Wood, South. 
Insjjector of W. and Measures. 
City Ganger. 

" Sexton. 

" Assessor. 

" Surveyor. 
Master Mechanic. 



Trustee of City Proi^erty. 



Captain of Police. 
Lieutenant of Police. 



CITY OFFICERS FOR 1858. 



53 



Jno. T. Webb, - 
EussELL W. Lewis, 
S. W. Clark, 
P. D. Carr, - - 

J. GrIDDINS, - - 

J. S. Whitney, - 
James Wade, - - 
Jno. G-raham, 
J. Gharpentier, - 
W. Shelton, - - 
S. Gilder, - - 



Lieutenant of Police. 
Sergeant of Police. 



Day Sentinel. 
Night " 
Bell Sentinel. 



RULES 

OF THE 

BOARD OF ALDERMEN 

OF THE 

CITY OF MOBILE. 



EuLE 1. The president shall take the chair at all meet- 
ings of the board, and on the appearance of a quorum shall 
immediately call the members to order ; when the president 
is absent the members present may select one of their 
number to take the chair, the business shall be taken up as 
follows, viz : 

1. Calling of the roll of members. 

2. Eeading of the journal of proceedings of the last 

meeting, and if no objections are made, the presi- 
dent shall declare them approved. 

3. Communications from the mayor. 

4. Eeports from officers of the several departments, read 

and disposed of. 

5. Papers from the board of common council taken up 

for consideration. 

6. Eeports from standing committees in their order. 

7. Eeports from the select committees in their order. 

8. Petitions read and acted upon. 

9. Unfinished business. 

10. New business. 

11. Elections to fill vacancies in this board, if any. 

12. Election of officers. 

13. Adjournment. 



56 RULES OF THE BOARD OF ALDERMEN. 

Rule. 2. The president shall presen'e order and de- 
corum, may speak to jDoints of order in preference to other 
members, he shall decide questions of order, subject to an 
appeal to the board, at the request of any member, which 
appeal shall be decided without debate. 

EuLE 3. He shall put all questions distinctly in this 
form, to wit : 

"As many as are of opinion (as the case may be) say 
aye," and after the affirmative voice is exj^ressed, " As 
many as are of the contrary opinion, say no; " if the presi- 
dent doubts, he shall cause a division ; those of the aflfinn- 
ative of the question shall first rise from their seats, and 
afterwards, those of the negative. 

Rule 4. When any member is about to speak or deliver 
any matter to the board, he shall rise from his seat and 
resi:)ectfully address himself to Mr. President. 

Rule 5. If any member is sjieaking, or otherwise trans- 
gress the rules, the jjresident or any member may call to 
order ; in which case, the member so called to order, shall 
immediately sit down, unless permitted to exj^lain, and the 
board shall, if ajDpealed to, decide on the case — ^but without 
debate ; if the decision be in favor of the member so called 
to order, he shall be at liberty to proceed, if otherwise, and 
the case requires it, he shall be liable to the censure of the 
board. 

Rule 6. When two or more members happen to rise 
at the same time, the president shall name the person who 
is first to speak. 

Rule 7. No member shall speak more than twice to 
the same question, without leave of the board. 

Rule 8. Upon a call for taking the ayes and noes on 
any question the president shall first be called, and then 
the names of the members alphabetically, and each member 
shall answer from his seat. 

Rule 9. When a motion is made and seconded, it shall 
be stated by the president, or if in wi'iting, it shall be read 
aloud ; and every motion shall be reduced to writing, if the 
president or any member request it. 



RULES OP THE BOARD OF ALDERMEN. 57 



Rule 10. Any member may call for a division of the 
question when the sense will admit it. 

Rule 11. Each member shall particularly forbear per- 
sonal reflections ; nor shall any member name another in 
argument or debate. 

Rule 12. After a motion is stated by the President, 
it shall be deemed in possession of the board, but may be 
withdrawn by leave of the board, at any time before dis- 
cussion. 

Rule 13. When a question is under debate, no motion 
shall be received but to adjourn, to postpone to a day 
certain, to lie on the table, for the previous question, to 
postpone indefinitely, to commit or amend : which several 
motions shall have precedence in the order they stand 
arranged. 

Rule 14. A motion to adjourn shall always be in order, 
and shall be decided without debate. 

Rule 15. The previous question shall be in this form, 
" Shall the main question be put ?" It shall only be ad- 
mitted when demanded by a majority of the members 
present ; and, until it is decided, shall preclude all amend- 
ments and fm-ther debate of the main question ; on a pre- 
vious question there shall be no debate. 

Rule 16. When a motion has been once made and 
carried in the affirmative or negative, it shall be in order 
for any member of the majority to move for the recon- 
sideration thereof at the same or succeeding meeting of the 
board. 

Rule 17. The president may appoint committees unless 
otherwise directed by the board, and the first named gen- 
tleman shall be the chairman of the committee for this 
board. 

Rule 18. The president shall not vote on any question, 
except when the board shall be equally divided, or when 
the ayes and noes are called, or for all persons to be elected 
by this board, and for the expenditures of money. 

Rule 19. Motions or reports may be referred or com- 
mitted, at the pleasure of the board. 



58 RULES OF THE BOARD OF ALDERMEN. 

Rule 20. Nothing shall be introduced by way of rider, 
which is irrelevant to the matter before the board. 

Rule 21. On all questions for filling blanks, the largest 
sum and the remotest day shall be first put. 

Rule 22. A majority of any committee shall be suf- 
ficient to proceed to business. 

Rule 23. No standing order shall be rescinded without 
one day's notice given of the motion therefor. 

Rule 24. No appropriation of money shall be made, 
except upon the first regular meeting in each month. 

Rule 25. All resolutions relating to a repeal or altera- 
tion of any of the existing ordinances, shall lay over for 
one meeting before final action be had. 

Rule 26. All committees appointed on special business 
relating to the city, shall report within two weeks, unless 
they can render a sufiicient excuse for delay. 

Rule 27. Either of the foregoing rules may be sus- 
pended by two-thirds of the members present voting in 
the affirmative. 

Rule 28. The president may, during any meeting for 
business, appoint any member of the board present to take 
the chair for the time being. 

Rule 29. Whoever violates any of the foregoing rules 
shall sufier such censure as a majority of the board may 
direct. 

NEWTON ST. JOHN, President. 

D. L. Cummins, Clerk. 



fr 



RULES. 



BOARD OF COMMON COUNCIL. 



EuLE 1. The president shall take the chair at all meet- 
ings of the board, and at the hour fixed on, shall imme- 
diately call the members to order, and on the appearance of 
a quorum, cause the proceedings of the last meeting to be 
read. 

EuLE 2. He shall preserve order and decorum, may 
speak to points of order in preference to other members, he 
shall decide questions of order, subject to an ajopeal to the 
board, at the request of any member, which apj^eal shall be 
decided without debate. 

EuLE 3. He shall put all questions distinctly, in this 
form, to wit : "As many as are of opinion, (as the case 
may be) say aye," and after the affirmative voice is expressed, 
" As many as are of the contrary opinion, say no ;" if the 
president doubts, he shall call a division ; those of the 
affirmative of the question shall first rise from their seats, 
and afterwards those of the negative. 

EuLE 4. When any member is about to speak or de- 
liver any matter to the board, he shall rise from his seat 
and respectfully address himself to Mr. President. 

EuLE 5. If any member in speaking, or otherwise, trans- 
gress the rules, the president or any member may call to 
order ; in which case, the member so called to order, shall 
immediately sit down, unless permitted to exj)lain, and 
the board shall if appealed to, decide on the case — but 



60 RULES OF THE BOARD OF COMMON COUNCIL. 

without debate ; if the decision be in favor of the member 
so called to order, he shall be at liberty to proceed ; if 
otherwise, and the case requires it, he shall be liable to the 
censure of the board. 

KuLE 6. When two or more members happen to rise at 
the same time, the president shall name the person who is 
first to speak. 

KuLE 7. No member shall speak more than twice to 
the same question, without leave of the board. 

EuLE 8. Upon a call for taking the ayes and noes on 
any question, the names of the members shall be called 
alphabetically, and each member shall answer from his seat. 

EuLE 9. When a motion is made and seconded, it shall 
be stated by the president ; or if in wTiting, it shall be read 
aloud, and every motion shall be reduced to wi'iting, if the 
president or any member request it. 

EuLE 10. Any member may call a division of the ques- 
tion when the same will admit it. 

EuLE 11. Each member shall particularly forbear per- 
sonal reflections ; nor shall any member name another in 
argument or debate. 

EuLE 12. After a motion is stated by the president, it 
shall be deemed in possession of the board, but may be 
withdrawn, by leave of the board, at any time before dis- 
cussion. 

EuLE 13. When a question is under debate, no motion 
shall be received but to adjourn, to postpone to a day cer- 
tain, to lie on the table, for the previous question, to post- 
pone indefinitely, to commit or amend, which several 
motions shall have precedence, in the order they stand 
arranged. 

EuLE 14. A motion to adjourn shall be always in order, 
and shall be decided without debate, 

EuLE 15. The previous question shall be in this form, 
"Shall the main question be now put ?" It shall only be 
admitted when demanded by a majority of the members 
present; and, until it is decided, shall preclude all amend- 
ments and further debate of the main question. On a 
previous question there shall be no debate. 



RULES OF THE BOARD OF COMMON COUNCIL. 61 

KuLE 16. When a motion has been once made and 
carried in the affirmative or negative, it shall be in order 
for any member of the majority to move for the recon- 
sideration thereof at the same or the succeeding meeting of 
the board. 

KuLE 17. The president may appoint committees unless 
otherwise directed by the board. 

KuLE 18. After the proceedings of the previous meet- 
ings are read, petitions shall be called for by the president, 
next rej)orts of the standing committees, and lastly the re- 
ports of the select committees. 

EuLE 19. Motions and reports may be referred or com- 
mitted, at the pleasure of the board. 

KuLE 20. Nothing shall be introduced by way of rider, 
which is irrelevant to the matter before the board. 

Rule 21. On all questions for filling blanks, the largest 
sum and the most remote day shall be first put. 

EuLE 22. A majority of any committee shall be suf- 
ficient to proceed to business. 

EuLE 23. No standing order shall be rescinded without 
one day's notice given of the motion therefor. 

EuLE 24. Whoever violates any of the foregoing rules, 
shall suffer such censure as a majority of the board may 
direct. 

HENEY S. LE VEET, President 

H. A. Donaldson, Secretary. 



AN ORDINANCE 

TO ADOPT THE COMPILATION OF OKDINANCES. 



§ 1. Be it ordained, That the following ordinances, com- 
piled, revised, and codified by Alexander McKinstry, Esq., 
be and the same are hereby adopted and approved. 

CHAPTER I.— Ordinances, 

An ordinance respecting ordinances. 

Akticle I. City seal, -----__§ l 

Aeticle II. Publication of ordinances, - - § 2 

Aeticle III. Mode of enforcing, - - - § 5 

Aeticle IV. General provision, - - - - § 23 

CHAPTER II.— Attorney of the City. 

An ordinance to create and define the 

duties of city attorney. -----§31 

CHAPTER III.— Balls. 

An ordinance to regulate and prohibit 

certain balls, --------§33 

CHAPTER lY.— Bells. 

An ordinance to regulate the ringing of 

bells, ----------_§ 36 

CHAPTER Y.— Bonds. 

Aeticle I. An ordinance to authorize the 
issuance of city bonds for the purchase 
of property for market purposes, &c., - § 37 
An ordinance to amend an ordinance 
authorizing the issuance of city bonds 
for market purposes, ------§43 



50 



64 ORDINANCES. 

An ordinance to raise an additional sum 
of money for the purpose of complet- 
ing the building of the southern market, 
&c., -----------§ 44 

Article II. An ordinance to carry into 
effect the provisions of the eleventh 
section of an Act of the legislature of 
the State of Alabama, entitled "An Act 
to amend the charter of the city of 
Mobile, and the several Acts in relation 
thereto, and for other purposes, ap- 
proved 6th March, 1848," - - - - § 49 

An ordinance providing a "sinking fund" 
for that part of the debt of the city of 
Mobile created under the Act of the 
general assembly of this State, approved 
11th February, 1843, and for other 
purj)oses, --------- 

An ordinance to adjust old liabilities, - § 57 

Akticle III. An ordinance to cany into 
effect the 3d, 4th, 5th, 6th and 7th 
sections of an Act of the legislature of 
the State of Alabama entitled "An 
Act to amend and explain an Act en- 
titled an Act to incorporate the Mobile 
and Ohio railroad company, approved 
January 5th, 1850, ------§ 58 

An ordinance to raise a special tax on real 
estate to aid in the construction of the 
Mobile and Ohio railroad, - - - - § 61 

CHAPTEE Yl.— Burying Grounds. 

An ordinance regulating burying grounds. 
Article I. General regulations, - - - ^ &Q 
Article II. City sexton and his duties, - § 68 

CHAPTER Nil.— Carts, Drays and Wagons. 
An ordinance respecting carts, drays and 

wagons, ----------§74 



COMPILATION OF ORDINANCES. 65 

CHAPTER \lll.— Coaches, Carriages, Cabs. 
An ordinance respecting coaches, carriages, 

cabs, &c., ---------§82 

CHAPTEE IX.— Clerk of the City. 

An ordinance to create and define the 

duties of city clerk, ------§89 

CHAPTER X.— Ditches. 

An ordinance to prohibit the cutting of 
ditches in the streets, ------§91 

CHAPTER Xl.— Drums. 

An ordinance to prohibit the beating of 

drums, ----------§92 

CHAPTER Xll.— Factories. 

An ordinance to regulate the establishment 

of soap and candle factories, - - - § 93 

CHAPTER 'Kill.— Fences. 

An ordinance to regulate partition fences, § 94 

CHAPTER XIY.— Fires. 

An ordinance concerning the fire depart- 
ment. 

Article I. Fire department organized, - § 96 

Article II. Precautionary measures, - - § US 

Article III. Board to investigate the origin 

of fires, ----------§ 124 

CHAPTER XY.—Free Negroes. 

An ordinance respecting free negroes, - § 126 

CHAPTER XNl.— Gaming. 

An ordinance respecting gaming, - - - § 128 

CHAPTER XNll.— Hawking and Peddling. 
An ordinance respecting hawking and 

peddling, --_-__---§ 131 



66 ORDINANCES. 



CHAPTER XYIll.— Health. 

An ordinance to secure the public health. 
Article I. Board of health, - - - - - §133 
Article II. Duty of citizens, - - - - § 135 
Article III. Quarantine, -----§ 144 

CHAPTER X.IX.— Hospitals. 

An ordinance for the regulation of Hos- 
pitals. 

Article I. City hospital estabhshed, - - § 155 

Article II. Ofl&cers and duties, - - - § 159 

Article III. Regulations, - - - - - §162 

Article IV. Private hospitals, - - - § 165 

CHAPTER XX.— Houses Public. 

An ordinance to regulate and license inns 

and public houses, - - - - - - - §166 

CHAPTER XXI.— Inspection. 

An ordinance to provide for the inspection 

of hay, liquids, lumber, fire wood, 

weights and measures, and work. 
Article I, Inspection of hay, - - - - §167 
Article II. Inspection of liquids, - - - § IVl 
Article III. Inspection of lumber, - - § 173 
Article IV. Inspection of fire wood, - - § 175 
Article V. Inspection of weights and 

measures, ---------§ 180 

Article VI. Inspection of work, - - - § 183 

CHAPTER XXll.— Jurors. 

An ordinance to punish defaulting jurors, § 191 

CHAPTER XXlll.— Kites. 

An ordinance to prevent the flying of kites, § 192 

CHAPTER XXIV.— Xo^s. 

An ordinance respecting vacant lots, - - § 193 



COMPILATION OF ORDINANCES 67 

CHAPTEK XXY.— Markets. 

An ordinance to establish and regulate 
markets. 
Article I. Markets established, - - - § 195 
Article II. Renting and allotment of stalls, § 196 
Article III. Election and duties of clerk 

of market, ---------§ 201 

Article IV. Regulations, -----§ 205 

CHAPTER XXYL— Military. 

An ordinance to establish an armory for 

the 1st volunteer regiment, - - - - § 216 

CHAPTER XXYIL— Milk. 

An ordinance to prohibit the sale of im- 
pure milk, ------ -_g 220 

CHAPTER XXYIII.— Passengers and Tran- 
sient Persons. 

An ordinance to regulate passengers and 

transient persons, -------§ 222 

CHAPTER XXJX.— Patrol. 

An ordinance to establish citizens' patrol, § 226 

CHAPTER XXX.— Pawnbrokers. 

An ordinance concerning pawnbrokers, - § 230 

CHAPTER XXXL— Police. 

An ordinance respecting the city police. 
Article I. General regulations, - - - § 234 
Article II. City prison, ------§ 247 

Article III. Secret fund, -----§ 255 

CHAPTER XXXII.— Powder. 

An ordinance to regulate the keeping of 

gunpowder, -_----_-§ 258 

CHAPTER XXXIII.— Proper^ of the City. 
An ordinance respecting the city property. 
Article I. Municipal buildings, - - - § 267 
Article II. Public squares, -----§ 279 
Article III. City property, -----§ 287 



68 ORDINANCES. 

CHAPTER XXXIV. — Quarrelling and Dis- 
orderly Conduct. 

An ordinance to prohibit quarrelling and 

disorderly conduct, - - - - - - §291 

CHAPTER XXXY.—Sabbath. 

An ordinance to regulate the observance 

of the Christian Sabbath, - - - - § 292 

CHAPTER XXXYl.— Shows, Tlieaters, Exhi- 
bitions. 

An ordinance to regulate shows, theaters, 

exhibitions, &c., -------§ 303 

CHAPTER XXX.Y1I.— Slaves. 

An ordinance regulating slaves. 
Article I. General regulations, - - - § 308 
Article II. Sale and hire of slaves, - - § 314 

CHAPTER XXXYUI.—Sto^eets. 

An ordinance regulating streets. 
Article I. To establish, open and repair 

streets, -----------§ 321 

Article II. Regulation of streets, - - - § 328 
Article III. Shelling, paving and planking 

streets, ---------- ^ 335 

Article TV. Regulation of side-walks, - § 339 
Article V. City surveyor, -----§ 347 

Article VI. Right of way to rail and shell 

and plank roads, -------§ 354 

CHAPTER XXXIX.— Taxes. 

An ordinance to provide for the assessment 
and collection of taxes. 
Article I. Assessor and assessment of 

taxes, ----------§ 360 

■ ■ Article II. Tax collector and collection of 

taxes, ----------§ 376 

Article III. Assessment and collection of 

license taxes, _-------§ 385 



COMPILATION OF ORDINANCES. 69 



/ 



CHAPTER ^'L.—Treasurer. 

An ordinance to provide for a city treasurer, § 403 

CHAPTER XLI. — Vagrants and Disorderly 

Persons. 

An ordinance to j^revent vagrancy and 

disorderly conduct, --____ g 405 

CHAPTER -KLU.— Water Works. 

An ordinance respecting the city water 

works, --------__§ 406 

CHAPTER 'KlAll.— Wharves. 

An ordinance respecting wharves, and the 

wharf and water fronts, - - - - - §415 

And that all ordinances and parts of ordinances not con- 
tained in said compilation be and are hereby repealed. 

§ 2. That this ordinance shall not take effect until, the 
mayor shall make j)roclamation thereof, stating the day 
that it shall be in force. 

§ 3. That nothing herein contained shall effect the term 
of office, or the salary of any officer or agent of the city 
until the first day of January, A. D., 1858. 
Approved Dec. 2d, 1857. 

J. M. WITHERS, Mayor. 

Attest: 

D. L. Cummins, City Cleric. 

Note. — For dog ordinance see note to § 92 of ordinances. 
For ordinance to number houses in streets see note to § 346 of ordinances. 
f For ordinance to open, etc., Dog River Road street, see note to § 339 of ordinances. 
For ordinance as to government of city hospital, see note to § 169 of ordinances. 
For ordinance to consolidate debts due February, 1858, see § 66 of ordinances. 



ORDINANCES. 



CHAPTER I. 

ORDINANCES. 

An Ordinance respecting Ordinances. 

ARTICLE I. CITY SEAL. 

" II. PUBLICATION OF ORDINANCES. 

" III. MODE OF ENFORCING. 

" IT. GENERAL PROVISIONS. 



ARTICLE I. CITY SEAL. 



§ 1. Be it ordained, That the seal heretofore used by city seal 
the city of Mobile, here repTesented, 




shall be and is hereby established, and declared to have 
been, and now to be, the seal of the city of Mobile. 



72 ORDINANCES. 



ARTICLE II. PUBLICATION OF ORDINANCES. 

City printer. § 2. Be it Ordained, That there shall be a city printer 
elected annually in convention, who shall receive such salary, 
and give such bond, as may be determined at the com- 
mencement of each municipal year. 

Duties of. § 3. It shall be his duty to print and publish in some 
newspaper published in the city of Mobile, at least once in 

To print and . 

nubhsh all every two weeks, all laws, ordinances, by-laws, resolutions, 
nanoea, &c. tax-Hsts, aud Other public acts, relating to the general weal, 
officially made, enacted, ordained or passed by the said 
mayor, aldermen and common council of the city of Mobile, 
at each session, last held by them, before said publication : 
and further to print and publish in such manner, and for 
such time, as the mayor of the city shall direct, all adver- 
tisements, notices or other acts, as may be deemed neces- 
sary, expedient, or proper by the mayor, aldenmen and 
common council of the city. 
Ordinance S 4. That unlcss othcrwise expressly provided no ordi- 

not in force "^ . ^ 

until pub- nance, nor repeal of an ordinance, shall be of force until 
three days after its publication, excluding the first day of 
publication. 



ARTICLE III. MODE OF ENFORCING. 

Mayor to try §5. Bc it Ordained, That all fines, penalties, forfeitures 

and recoveries, for violations of any ordinance or by-law 

Fines to be of the city of Mobilc may be tried and determined before 

for the oity. t 

the mayor, or any one of the aldermen or common council- 
men, of the city, and shall be for the use and benefit of the 
city of Mobile, unless otherwise expressly provided. 
Imprison- K 6. That iu all cases where the mayor or any one of the 

ment or la- ^ . 

bor when fine aldermcu or common council of the city of Mobile, regularly 

IS not paid. _ _ _ _ *' 70./ 

sitting for the trial of ofienders against the laws and ordi- 
nances now existing, or wliich may be hereafter ordained 
or passed, shall in accordance with such laws and ordinances 
impose any fine, penalty or forfeiture upon any person, for 
the breach thereof, and such person shall not comply with 



MODE OF ENFOKCING. 73 

and perform the judgment imposing such fine, penalty or 
forfeiture, he shall be committed to the city prison, until 
discharged by law, not to exceed the term of thirty days for 
any one offense ; the time to be determined by the officer 
trying the offender, 2J'^ovided : that any one against whom son mlyZ'- 
such penalty of imprisonment may be imposed, shall be quest it! '^^' 
entitled, if he requests it, to labor for the benefit of the city, 
at such labor as may be selected by the mayor, or by the 
street overseer, or the officer performing his duties, under 
the direction of the mayor, for a time not exceeding the 
term of imprisoninent adjudged. 

§ 7. When the mayor or any one of the aldermen or contempts 

-iTTiiTiT PI •! „punished. 

common council shall be holding court lor the trial oi 
offenders, and any contempt shall be committed by any per- 
son, in the presence of the court or about or in the imme- 
diate vicinity of the room in which the court is held, such 
person shall be fined six dollars, and may be imprisoned 
Mx hours in the city prison, one or both, for each offence. 

§ 8. In all cases where fines, penalties or forfeitures, are Biscretion 
imposed by any ordinance or by-law, the mayor, aldermen or pose. 
common councilman, presiding, may impose a less amount, 
except where the ordinance provides for an amount not less 
than a given sum, then such fine, penalty or forfeiture shall 
not be less, than such lowest amount. 

§ 9. In all cases where fines, penalties or forfeitures, are construo- 
imposed, they shall be for, and shall extend and apply to n°nces.°'"''" 
each and every act or omission, and for each and every day's 
continuance, of such act or omission, when it is of a contin- 
uing character, and in addition thereto, the mayor is 
authorized when in his opinion the welfare of the city 
requires it, to remove or cause to see removed to any other mayor to re- 

1 • 1 • /• 1 • in ^ movenuis- 

place withm, or out oi the city, any and all persons, vessels, anoes. 
goods, property, obstructions, erections and nuisances, that 
are forbidden by any of these ordinances, to be or remain 
in the city or any part thereof, at the expense of the 
offender. 

§ 10. In all cases where the act, duty, or omission may selection of 
be made punishable or shall be created by different clauses seTvld.''^ °^' 
or sections of the ordinances of the city, the officer trying 



74 ORDINANCES. 



the case, may elect under which to proceed, and the subse- 
quent proceedings that shall be had against the person must 
be in reference to such clause or section. 
Fine to be §11- Id- all cases where the doing any act or the omission 
fift^iTJikirs, to do any act or duty, is required or enjoined and there shall 
^seprovi- be no fine, penalty or forfeiture declared for it, every person 
convicted thereof shall be fined not less than one nor more 
than fifty dollars. 
Fines § 12. In all cases if the ofiender be a minor, the parent, 

nors, how ffuardian or employer of such minor, shall be liable for the 

colleoted. » •■■ '' ' 

penalty and costs. 

ab to slaves. And if tlic oficnder is a slave, he shall receive any num- 
ber of lashes not exceeding fifty (except where the number 
is otherwise expressly provided) unless his owner, employer 
or agent with the consent of the mayor, shall pay the fine 
and costs. 

„ ,, , S 13. In all cases where there is reason to apprehend a 

Bond to keep «J -t ^ 

cenafn clies brcach of the peace, or the violation of any ordinance, or 
where any person is convicted of any violation of any of the 
ordinances, the officer examining the cause, may require 
bond with sufficient security, in such an amount as he shall 
deem reasonable, that such person shall be of good beha- 
vior, for a term not exceeding twelve months, and if such 
person refuse or fail to give such bond, he may be confined 
to labor for such time as the officer may determine, until he 
give the bond, not exceeding four calendar months. 

And where such person is a minor or slave, the parent, 
guardian or employer of the minor, and the owner, employer 
or agent of the slave, shall give or cause the bond to be given. 
Acting § ^"^^ When any power shall be vested in the mayor, or 

mayor. j^^ -g j-equircd to do any act or perfbmi any executive func- 
tion, by these ordinances, or any other ordinance, it shall be 
done by the acting mayor. 
No proceed- § 15. That uo suit, proceeding, right, fine, penalty or 
aBectedby forfeiture instituted, created, given, secured or accrued 

the repeal of ..,,,,. 

any ordi- undcr auy ordmance previous to its repeal, shall in any way 
be affected, released or discharged, but may be prosecuted, 
enjoyed and recovered, as fully as if such ordinance had 
continued in force, unless otherwise expressly provided. 



MODE OF ENFORCING. 75 



§ 16. That all summons may be in the foUowinff form : Form of 

summons. 

State of Alababia, ? 7|^^_„.„ /)^- 
City of Mobile. | ^"^^^ ^ ^^^^• 

To the Marshal or any one of the Police Constables of the 
City of Mobile : 

You are commanded to summon (Smith Jones) to appear 
before me on Monday, the 4th day of May, 1857, at the 
mayor's office of the city of Mobile, to answer to a charge 
of 

when you will then and there make return of this summons. 
Issued, Mobile, May 2d, 1857. 

K. H. SLOUGH, 

(Acting) Mayor. 
S 17. Or for a warrant of arrest : FormoCwar- 

•^ rant. 

The State of Alabama, } 7,^ , ^^ 
City of Mobile. ' \ ^ayor s Office. 

To the Marshal or any of the Policemen of the City of 
Mobile, or to any laioful officer of the State : 
Complaint on oath having been made before me, that 
the offense of (riotous conduct in the city) has been com- 
mitted, and accusing (Smith Jones) thereof, 

You are therefore commanded forthwith to arrest (Smith 
Jones) and bring him before me. 
Dated 2d of May, 1857. 

Signed, HENRY 8. LEVERT, 

(Acting) Mayor. 
§ 18. And all executions : — 

To any Marshal, Deputy Marshal, Cajitain or Lieutenant 

of the Guard, or any Police Constable of the City of 

Mobile : 

You are hereby commanded of the goods and chattels of 

(Smith Jones) you make the sum of (fifty) dollars, which 

the mayor, aldermen and common council, recovered in the 

mayor's court of him on the 4th day of May, 1857, besides 

the coets ; and make return to the mayor on the 30th day of 



76 ORDINANCES. 



May, 1857, at the mayor's office in your city, how you have 
executed this writ. 

Witness my hand this 9th day of May, 1857. 

DAVID CUMMINS, 

Clerk of said City. 

Formofexe- T q Or this 



ice. 



The Mayor, Aldermen and Com- 
mon Council of Mobile, 
vs. 
Smith Jones. 



State of Alabama, ) 7,^ , 
City of Mobile. '|^^«2/o^^ 

Mayor's Court of Mobile, held May 4th, 1857. 
To any Marshal or Police Constable of the City of Mohile: 
You are hereby commanded to take the body of (Smith 
Jones) and him safely keep for the term of thirty days, 
unless the following fine and cost are paid. 

C onvicted of Kiotous 
Conduct, |50. 
' Expenses of Prison 
keepng, $ 

Issued this 4th day of May, 1857. 

EGBERT H. SLOUGH, 

Acting Mayor. 

Bail to an- § 20. AVhere a person is held to bail to answer for an 
niroha'rTe- ofieuse against the laws of the State, the bond shall be in 
substance as follows : 

The State of Alabama, \ 
Mobile County. j 

We, (Smith Jones, Brown Smith and Smith Brown) 
agree to pay to the State of Alabama (five thousand) dollars, 
unless the said Smith Jones appear at the next term of the 

court of Mobile, for Mobile county, and from term to 

term, thereafter, until discharged by law, to answer to the 
offense (of murder), and that he shall keep the peace and 
be of good behavior, until so discharged. 

Mobile, May 5th, 1857. SMITH JONES, 

BROWN SMITH, 
Approved, SMITH BROWN. 

Jones M. Withers, Mayor. 

Note. § 3C81.—Tlio qualifications of bail are us foIUnvs: 
*''*• 1. Each of them must bo a resident of and a householder, and a freeholder, within the 

State. 2. They must each be with the amount, expressed in the undertaking, 6xolusive of 



GENERAL PROVISIONS. 77 

§ 21. Form of a recognizance to appear at court and ^°g'™^°[^™" 
testify: ofWnoss. 

The State of Alabama, } 
County of Mobile. j 

We, A B., B C, D., witnesses against (or in behalf of) 
E. F., cliarged with a public offense do each agree to appear 
at the next (city court of Mobile) of Mobile county to give 
evidence against (or for him) and failing so to do, to pay 
to the State of Alabama (or to E. F.) one hundred dollars. 
Dated 1st day of May, 1857. A. B. 

B. C. 
0. D. 
Taken before me, 

Jones M. Withers, Mayor. 

§ 22. Form of commitment : commit- 

The State of Alabama, 1 Mayor's Office of City of 
County of Mobile. j Mobile. 

To the Jailer of Mobile County : 

On examination of A B., charged with the offense of 
larceny, it appearing that such offense has been committed, 
and that there is sufiicient cause to believe that Smith 
Jones is guilty thereof. 

You are therefore commanded to receive him into your 
custody, and detain him until he is legally discharged 
— admit to bail in the sum of $1000. 

Dated 1st day of June, 1857. 

JONES M. WITHEKS, Mayor. 



ment. 



ARTICLE IV. GENERAL PROVISIONS. 

§ 23. Be it ordained, That where the word " conven- 
tion " is used in these ordinances, it shall mean a conven- c°"^ention. 
tion of the mayor, aldermen and common council of the city 
of Mobile. 

property exempt from execution ; but the court magistrate or officer, in taking bail, may 
allow more than two bail to Justify severally in amounts less than that expressed in the 
undertaking, if the whole justification be equivalent to two sufficient bail. 

§ 3682. — In all cases in which there is a reasonable doubt as to the sufficiency of the bail, 
the court, magistrate, or officer, must require them to answer fully on their oaths as to their 
qualifications. 



78 



ORDINANCES. 



Meaning of 
certain 
words in this 
code, past or 
present. 

Masculine 
sender, sin- 
gular and 
plural. 
Person. 
Writing. 
0:1th. 
Sisnaturo. 



Property. 



Beal pro- 
perty. 



Personal 
property. 



Negro. 



Municipal 
year. 



Official 
bonds. 



§ 24. That tlie words used in these ordinances in the 
past or present tense, include the future as well as the past 
or present. Words used in the masculine gender include 
the feminine and neuter. The singular includes the plural, 
and the plural the singular, the word " person " includes 
corporation, as well as natural person, ■uTiting includes 
printing on pa23er, oath includes affirmation, signature or 
subscription includes mark, when the person cannot write, 
his name being written near it and witnessed by a jjerson 
who writes his own name as a witness. 

The word " property " includes real and personal pro- 
perty. 

The words " real property " are co-extensive with lands, 
tenements, hereditaments and permanent fixtures thereto. 

The words " personal property " includes money, goods, 
chattels, things in action, evidences of debt, bills, bonds, 
notes, deeds, and conveyances. 

The term " negro " includes mulatto, free persons of color 
and all persons of mixed blood descended on the part of the 
father or mother from negro ancestors, to the third gen- 
eration inclusive, though one ancestor of each genera- 
tion may have been a white person. 

The word " vessel" shall include steamboats, steamers, 
boats, barges and all water craft, 

§ 25. That the municipal year shall commence on the 
first Monday in December in each year. 

The municipal year for the commencement of the terms 
of ofi&cers, not otherwise expressly provided for, shall com- 
mence on the first day of January, in each year. 

§ 26. All official bonds shall be made payable to the 
mayor, aldermen and common council of the city of Mobile, 
and shall require security, and be conditioned " Faithfully 
to perform the duties of his office according to the provi- 
sions of the charter of the city of Mobile and the several 
amendments thereto, and all orders, ordinances, by-laws, 
and resolutions of the mayor, aldermen and common coun- 
cil of the city of Mobile now in force or hereafter to be 
made, to the satisfaction of the said mayor, aldermen and 
common council." 



GENERAL PROVISIONS. 79 



S 27. The form of the treasurer's bond shall be in sub- Treasurer's 

•J bond. 

stance as follows : 

State of Alabama, Ij^f^..^^^ q^,. 
City of Mobile. | ^''"^^^ ^ '^'^^■ 

We, Henry A. Donaldson, Brown Smith, Smith Brown, 
and John Smith, acknowledge ourselves to be indebted to 
the mayor, aldermen and common council of the city of 
Mobile, and their successors in office, in the sum of fifteen 
thousand dollars, for the payment of which, we bind our- 
selves and our heirs, executors, administrators, and assigns, 
jointly and severally, by these presents. 

Signed with our hands and sealed this twenty-sixth day 
of December, in the 'fear of our Lord one thousand eight 
hundred and fifty-seven. 

On the condition, that whereas, the said Henry A. Don- 
aldson, was on the twentieth day of December, A. D. 1857, 
elected (or appointed) by the (mayor, aldermen and com- 
mon council) of the city of Mobile, treasurer of the city of 
Mobile, for the municipal year ending on the thirty-first 
day of December, 1858, 

If he shall well and truly execute and perform all of the 
duties of the said office according to the provisions of the 
charter of the city of Mobile and the several amendments 
thereto, and all orders, ordinances, by-laws and resolutions 
of the said mayor, aldermen and common council of the city 
of Mobile, now in force or hereafter made, to the satisfac- 
tion of the said mayor, aldermen and common council, then 
this obligation to be null and void, otherwise to remain in 
full force and effect. 

HENKY A. DONALDSON, [seal.] 
BKOWN SMITH, [seal.] 

SMITH BROWN, [seal.] 

Witness. JOHN SMITH, [ l. s. ] 

A. B. 

B. C. 

§ 28. Every officer in the service of the city shall take q^^^,, ^r 
the following oath (or affirmation) before he shall discharge °^'"'' 
any of the duties of his office : 



80 ORDINANCES. 



I solemnly swear, that I wiU support the Constitution of 
the United States, and of the State of Alabama, and the 
charter and ordinances and hy-laws of the city of Mobile, 
while I remain a citizen thereof, and that I will truly and 
faithfully, execute and discharge the duties of (treasurer of 
the city of Mobile) to the best of my knowledge and ability, 
so help me God. 

HENKY A. DONALDSON. 
Subscribed and sworn to before me, ) 
Mobile, 29 December, 1857. j 

James M. Withers, Mayor. 

ho^'^^^'fin^d' § ^^" ^^^6n any vacancy occurs in any ofi&ce it shall be 
filled at once. In the case of the mayor or any one of 
the aldermen or common council as is provided by the 
charter. 

In all other cases by the body or persons originally elect- 
ing or ap]3ointing. 

And^the mayor is authorized to fill all vacancies until such 
election or appointment. 
Mayor may In cvcry casc tlic mayor is authorized and empowered to 

suspend offi- ,v. p ^ • n iti 

oers. suspend any officer or agent oi the city from the discharge 

of any or all of his duties, until (where the officer is elected 

by the convention) the boards of aldermen and common 

council shall direct such officer to resume his duties. 

Mayor may I^^ ^^^ othcr cascs for such time as he may see fit or he 

remove. ^^^^ rcmovc such pei'sou from office. 

Record of § 30. That a complete record shaU be kept in the office 
&c.To"bT' of the clerk of the city, of every ordinance, by-law and joint 
clerk's office, resolution of the city, with the date of approval and publi- 



cation and all proclamations of the mayor with full and 
complete indexes thereto. 



ATTORNEY FOR THE CITY. 81 



CHAPTER II. 
ATTORNEY FOR THE CITY. 

An Ordinance to create and define the duties of City Attorne}^ 

§ 31. Be it ordained, That there shall be elected annu- Election of 
ally by the convention, a city attorney, whose duties shall duties. 
be 

To. institute and carry on all actions at law, and in equity, conduct 
in favor of the city, to final judgment, and to defend all 
suits brought against the city where a defense should be 
made. 

To appear before the police court, when notified by the auend'at'Jio- 
mayor, and prosecute all persons charged with a violation of^h'g^re-' 
any law or ordinances of the city. me^'mlyon 

To investigate all titles on behalf of the city, when fj^igg^''^""'^ 
requested, and furnish reports thereof. 

To give his opinion in writing on questions of law to the to give 

'^ i- o i opinions. 

mayor, and boards of aldermen and common council, when- 
ever requested. 

To reduce to wi-iting all contracts where the city is a cont^act^s. 
party, and approve such written contracts before the same 
are perfected. 

To furnish the mayor with a statement in writing if to inform 

'' <=' the mayor. 

required, previous to the trial of every case pending, where 
the city is interested, fully advising him as to the legal 
points, the testimony necessary for the city, and all other 
confidential matters, relating thereto. 

To furnish the mayor and both boards, with a written ^he'mayM 
statement of suits pending, wherein the city is interested, ^"'^ ix^ards. 
at least twice in each year and oftener if necessary. 

To pay over all money collected by him as attorney for to pay over 
the corporation, within five days after the collecting thereof ^' '"°"^^' 

§ 32. That he shall give bond in the sum of one thou- Bond and 
sand dollars, and be paid a salary of one thousand dollars, ^^ ^^^' 
payable quarterly. 



82 ORDINANCES. 



CHAPTER III. 
BALLS. 

An Ordinance to regulate and prohibit certain Balls. 

public balls S 33. Be it ordained. That it shall not be lawful for any 

not to be *^ . ^ i t i n 

given unless person to ffive or hold any masked or other pubhc ball, or 

permitted by -"^ ° ... 

mayor. any party where licentious or disorderly persons may con- 
gregate within the city, unless with consent of the Mayor 
in writing, on penalty of fine of fifty dollars. 
gro''oTsitve § 34. That no free negro or slave, shaU hold, or sufter 
to give a s. ^^, pgpj^j^ any other person to hold, have or keep any ball, 
dancing or other like amusements, at their houses or upon 
the premises which they occupy, or in or about the same 
at any time between sundown and sunrise, under penalty 
of a fine of twenty dollars : Provided, That this shall not 
extend to those slaves who congregate on the premises of 
their owners or employers, and under their supervision. 
^o^oat"tend § ^^- That if any free negro shall be found attending 
balls. ^j^y ^^ gaifi "balls, places for dancing, or other like amuse- 

ments, he shall be fined ten dollars, and any slave violating 
this section shall be whipped with twenty-five lashes, un- 
less the person having control of him Avill pay five dollars. 



CHAPTER IV. 
BELLS. 

An Ordinance to regulate the ringing of Bells. 

Bells larger § 36 Bc it ordaincd, That no person shall ring any 
not to"be bell within the city of Mobile, larger than an ordinary 
'■ hand bell, except it be church bells, tavern, shipping, or 
steamboat bells, and bells giving an alarm of fire, insur- 
rection or riot, and the market bell, under penalty of fine 
of ten dollars ; and if the ofi'ender be a slave, he shall re- 
ceive not exceeding twenty lashes, unless the person having 
control of him will pay the fine. 



than a hand- 
bull 
run 



BONDS. \ 83 



CHAPTER V. 

BONDS. 

Article Article 

1. An Ordinance to authorize the issuance An Ordinance providinfj a "Sinking Fund" 

of City Bonds for the purchase of pro- for that part of the debt of the City of 

perty for market purposes, &c. Mobile created under the Act of the 

An Ordinance to amend an Ordinance au- General Assembly of the State, ap- 

thorizing the issuance of City Bonds proved 11th February, 1843, and for 

for market purposes. other purposes. 

An Ordinance to raise an additional sum An Ordinance to adjust old liabilities, 
of money for the purpose of comple- S. An Ordinance to carry into effect the 3d, 

ting the building of the southern mar- 4th, 6th, 6th and 7th sections of an Act 

ket. of the Legislature of the State of Ala- 

2. An- Ordinance to carry into effect the bama, entitled " An Act to amend and 

provisions of the eleventh section of an explaiu an Act entitled an Act to Incor- 

Act of the Legislature of the State of porate the Mobile and Ohio Railroad 

Alabama, entitled •' An Act to amend Company," approved January 5th,1850. 

the Charter of the City of Mobile, and An Ordinance to raise a "Special Tax" on 

the several Acts in relation thereto, and real estate, to aid in the construction of 

for other purposes," approved 6th March, the Mobile and Ohio Railroad. 
1848. 

ARTICLE I. 

An Ordinance anthorizins; the issuance of City Bonds for the )nirchase of 
propert}'' for Market purposes, &c. 

§ 37. Section 1. Be it ordained, That for the purpose ^^"^gP^ber 
of paying for a certain piece of property purchased by the ^'^' ^^^-^ 
mayor, aldermen and common council of the city of Mo- ^o pay for 

•i ' •' southern 

bile, described as follows, to wit : lying within the said city market. 
of Mobile, and bounded east by Water street, south by 
Church street, west by Royal street, and north by property 
known as " Hitchcock's Row," belonging to various owners 
and for the purpose of providing for the erection of suita- 
ble market buildings thereon, the mayor of said city be, 
and is hereby authorized to issue the bonds of said city 
for the sum of one thousand dollars each, payable ten years 
from the date thereof respectively, with interest at the rate 
of eight per cent, per annum, payable annually, at the 
banking house of the Mobile Savings Company in the city 
of Mobile, upon the delivery of the coupons, which shall 
be attached to said bonds, severally, using in the issuance 
of said bonds the following form, to wit : 

United States of America,? 71^ j,-? n-* n/r i ^t\-lj 
^„^ « . ^ „ A , . I Mobile City Market DeU. 

THE STATE OF ALABAMA, ^ ^ 

$1,000 Dolls. Eight per cent. Stock. No. 

Know all men by these presents : That the mayor, alder- 



84 ORDINANCES. 



men and common council of the city of Mobile, acknowl- 
edge to owe to the sum of one 
thousand dollars, lawful money of the United States of 
America, which sum the said mayor, aldermen and com- 
mon council, for themselves and their successors, do here- 
by engage well and truly to pay or to 
assigns, ten years from the date hereof, at 
the banking house of the Mobile Savings Company, and 
the said mayor, aldermen and common council, for them- 
selves and their successors, do hereby engage to pay an an- 
nual interest on said sum of eight per cent., payable annu- 
ally at the said banking house, to wit : eighty dollars at 
the expiration of each year from the date hereof, upon the 
delivery of the coupons severally hereto annexed, until the 
payment of said principal sum. 

In testimony whereof the mayor and clerk of the city 
of Mobile have signed, and the treasurer has countersigned 
these presents, and have caused the seal of the city to be 
affixed this day of in the year of our Lord 

one thousand eight hundred and fifty. 

Provided, That the number of bonds to be issued for 
the purchase of said land shall be limited to forty-four, and 
shall be numbered on their face from one to forty-four, con- 
secutively, and that none of said forty-four bonds shall be 
issued until good and sufficient warranty deed of said 
property shall have been executed by the owners thereof to 
the trustees hereinafter named, to be approved by the 
mayor and city attorney : and provided further, that any 
bonds issued for the erection of market buildings on said 
premises shall be numbered on their face, commencing at 
number forty-five and continuing consecutively, and shall be 
countersigned by the chairman of the market committee of 
the boards of aldermen and common council. 

§ 38. Section 2. — That the mayor of the city of Mobile, 

Trustees of ^^^^ ^jrcsidcut of the Fireman's Insurance Company and the 

market pro- pj-esideut of thc Mobile Savings Company or whoever may 

for the time being hold said respective offices, be, and they 

are hereby constituted trustees, to be known as trustees of 

the city market property. 



BONDS. 85 

§ 39. Section 3. — That in order to secure the bonds pro- Bonds se- 
vided for in the first section of this ordinance and the prompt 
payment of the interest thereon, the deeds to the property- 
described in the first sections of this ordinance, shall be 
made to the aforesaid trustees, who shall hold the title to 
the same until all the bonds issued under this ordinance 
shall be fully paid, and when said full payment shall have 
been made, the said trustees shall convey the said title to 
said property to the mayor, aldermen and common council 
of the said city of Mobile : Provided, that in case of the 
non-payment at maturity of any of the bonds or coupons 
issued by authority of this ordinance the trustees shall sell 
at public auction to the highest bidder, so much of the above 
described property and improvements as shall be required 
to pay off said bonds, and coupons, after having given twelve 
months' notice of said sale in some newspaper published in 
the city of Mobile : Provided, that if at any time previous 
to the time named for offering said property for sale, the 
money for the payment of said bonds or coupons shall be 
deposited with the trustees, it shall be their duty to pay 
the same, in which case the property advertised shall not 
be offered for sale. 

S 40. Section 4. — That when the market buildins:s pro- Prooeede of 

*^ . . '■^"'' °' niar- 

posed to be erected on the joremises aforesaid, shall be com- '^'''• 
pleted, the stalls in the same shall be rented annually for 
cash in advance, at such time and under such regulations as 
the mayor, aldermen and common council may from time to 
time prescribe, and that out of the proceeds of said annually 
renting, as soon as the same is collected, there shall be paid 
over to said savings company, by the treasurer of said city, 
under direction and supervision of said mayor, aldermen and 
common council, such sum or sums as may be necessary 
to meet all the coupons, falling due, during the year then 
next ensuing, and a further sum of not less than five thou- 
sand dollars, and more if deemed necessary by said trustees, 
to be held by said savings company as a sinking fund for 
the final liquidation of the bonds aforesaid, unless disposed 
of as provided in the fifth section of this ordinance, and a 
strict compliance with the provisions of this ordinance, so 



86 ORDINANCES. 



far as applicable to him, is hereby enjoined upon whomso- 
ever shall at any time be the treasurer of said city, as a 
part of the duties appertaining to his office. 
Proceeds of § 41. Section 5. — That whenever at any time the amount 
ke't. ' on deposit as a sinking fund, as aforesaid, shall reach the 
sum of five thousand dollars, it shall be the duty of the 
mayor to give public notice of such fact, by advertisement 
in some newspaper published in the city of Mobile, where- 
upon, any person or persons holding any of the aforesaid 
market bonds, may present the same to the said savings 
company for payment, and it shall be the duty of the said 
savings company to pay the same in the order of their pre- 
sentation, until the entire amount, so on deposit, shall have 
been paid out : and any bond which may be paid before 
the maturity, and all coupons, for the interest thereon, 
shall be given up at the time the same may be paid. 

§ 42. Section 6. — That the mayor, aldermen and com- 
citymayre-mon couucil of the city of Mobile hereby reserve the rigfht, 

move the . . O ' 

proceeds at any time, to remove the deposits named in this ordinance 
company, iq ^ny othcr depositary, on giving the said savings company 

thirty days' notice of their intention so to do, and the said 
Savings savings company shall have the reciprocal right of sur- 
ra"''suLn- rendering (or refusing to take said deposits,) on giving the 

same notice to the said mayor, aldermen and common 

council, who shall on receiving said notice select another 

depositary. 



der. 



May 1st 
1855.) 



Bonds and 



An Ordinance to amend an Ordinance authorizing tlie issuance of City Bonds 
for market purposes. 

Ma^°i's^t'' § 43. Section 1. — That that portion of the ordinance au- 
thorizing the issuance of the city bonds for market purposes 
as approved 10th November, 1854, which requires that the 

abiTln'^New bouds bc made payable at the banking house of the Mobile 
Savings Company be, and the same are hereby repealed, so 
far as relates to the bonds and coupons that may be issued 
for the purpose of paying for the erection of market build- 
ings, and that the mayor, and joint market committee are 
hereby authorized to make those bonds and coui)ons jiaya- 
ble in the city of New York : and that on such bonds, as 



BONDS. 87 

are already executed, the mayor be, and he is hereby 
authorized to make the proper indorsement for carrying 
into effect the object and intent of this ordinance. 

An Ordinance to raise an additional sum of money for the purpose of com- 
pleting the building of the Southern Market, &c. 

§ 44. Section 1. — That in order to raise an additional sum jfaTch'22 
of money, for the purpose of completing the building of the ^^^^'^ 
Southern market, and to j)ay the outstanding indebtedness L^uUwn'"'^ 
against the same, the mayor of said city shall cause to be "^"^ ^'' 
issued the bonds of said city to the amount of forty thou- 
sand dollars, which bonds shall be numbered from one 
hundred and one (101) to one hundred and forty-one (141) 
inclusive, and shall be made payable ten years after the 
date thereof, at the banking house of the Merchants' Bank 
of New York in the city of New York, with interest at 
eight per cent, per annum payable annually at said banking 
house, which bonds shall be in the same forms, executed 
in the same manner, and accompanied with coupons, in the 
same way as were the bonds prescribed by an ordinance of 
said bonds, on the same subject, approved November 10th, 

1854, and amended by an ordinance, approved May 1st, 

1855, and when so executed, shall be delivered to the joint 
finance, law and auditing committee, who are hereby author- 
ized to sell the same for the purpose aforesaid. 

§ 45. Section 2. — That in order to secure the punctual th^ ^payment 
payment of said bonds, and interest thereon, all the rents and " 
income of every kind, derivable from said market building 
and stalls, necessary for this purpose and not heretofore 
pledged, are hereby pledged and made liable to the pay- 
ment of said bonds, and interest thereon, and to make such 
pledge available, the treasurer of the city corporation shall, ^J'^i|''cJe®,osit 
out of the said fund, deposit in the banking house of the -nig co^^" 
Mobile Savings Company in the city of Mobile, on or before p^°^" 
the first Monday in December in each and every year, an 
amount sufficient to pay the interest accruing for the then who drawn 
present year, on all said bonds, and the chairman of the ^' 
finance, law and auditing committee, together with the 



ORDINANCES. 



mayor and president of the board of aldermen, shall jointly 

sign a check for this amount, and remit the same to the 

To be sent to cashier of the Merchants' Bank of New York, instructins; 

Merchants ' <-> 

Bank, N.T. j^g (Jeposit in that hank for the purpose of paying the 
interest accruing for the then present year, and the cashier 
of the Merchants' Bank of New York shall pay the same to 
the holders of said bonds when said interest shall be due. 

And the said treasurer shall deposit in the banking 
house of the Mobile Savings Company in the city of Mobile, 
on the first Monday in December, in each and every year, 
the further sum of four thousand dollars, which shall be 
subject to such disposition as shall be made by the mayor,_, 
aldermen and common council, for the payment of these 
bonds, and for no other purpose whatever. 

Checks for this deposit shall be signed by the mayor, 
and presidents of the boards of aldermen and common 
council. 

Treasurer of § 46. Sectioii 3. — That iu case it shall at any time hap- 

city to make n xl x xl ^ • ■ x' 

up any defi- pcn, tor any cause, that the surj^lus revenue arismg trom 
"'^"''^' said market as above pledged should not be sufficient to 
meet said annual installments of princij)al and interest, then 
it shall be the duty of said treasurer to deposit an amount 
sufficient to pay the same as before provided,-out of any 
money then in the treasury not otherwise appropriated. 
Southern § '^^ • 'S'ec^/o?i 4. — That in order to further secure said 

k'epu^]'sure''d! bonds, the said mayor, aldermen and common council bind 
themselves iu their corporate capacity to keep said market 
building constantly insured, and in case the same be 
destroyed before said bonds be fully paid, that all money 
received on such policy or' policies of insurance shall be and 
is hereby appropriated to the re-building said market house 
and the rents and proceeds of which shall stand pledged in 
the same manner as if the building had never been 
destroyed. 

S 48. Section 5. — That this ordinance be printed on the 

Tliis ordi- 

nance to be back of cacli of Said bonds, and shall be taken and consid- 

printed on ' 

the back of ei-ed as a part thereof 



BONDS. 89 



ARTICLE II. 

An Ordinance to carry into effect the provisions of the eleventh section of an 
Act of the Legislature of the State of Alabama, entitled " An Act to 
amend the Charter of the City of Mobile and the several Acts in relation 
thereto, and for other purposes." Approved 6th March, 1848. 

§ 49. Section 1. — Be it ordained, That the said hoards of juiy.^'ms.) 
aldermen and common council, with the approval of the a committee 

. ,- . . /» 1 -.to determine 

mayor, shall appomt a committee oi three persons, who the claims. 
shall give notice of their appointment hy advertisement in 
some newspaper published in the city of Mobile, and call 
upon all persons having claims against the corporation, 
that have not been arranged under the provisions of an 
Act entitled "An Act to enable the corj)orate authorities of 
the city of Mobile to provide for the security and payment 
of the debts of said city, and for other purposes," approved 
10th February, 1843, to present their claims to the said 
committee on or before a certain day, to be by them ap- 
pointed and stated in their said notice, and upon the failure 
of any person having any such claim or claims to make 
presentment on or before the time prescribed in the notice 
published by the said committee as in the said eleventh 
section of said Act prescribed, such claim or claims shall be 
forever barred and no recovery shall be had thereon : Pro- 
vided, that notice shall be given of the time and place 
when such presentment shall be made, by publication at 
least once a week, for the space of two months before the 
day specified."* 

An Ordinance providing a sinking fund for that part of the debt of the City 
of Mobile created under the Act of the General Assembly of this State, 
approved 11th February, 1843, and for other purposes.f 

§ 50. Section l.—Be it ordained, That on the first ^t^°Pf/8, 
Monday in March there shall be elected by the mayor, ^^^^'^ 
aldermen and common council in joint convention, three fhe"^ofty^pro- 
competent persons to receive from the trustees of the city ^^^^^' 
of Mobile all the property described in the deed of trust 

*The committee was appointed July 11th, 1848, and were Messrs. W. C. Stanley, R. A. 
Lewis, S. T. Douglass, 
t See statement of debt in local laws in Appendix-. 



90 ORDINANCES. 



bearing date the 16tli day of March, 1840, executed by the 
corjDorate authorities of the city, which deed is recorded in 
the court of probate, in book No. 1, page 284''' and follow- 
ing, and all the money on hand, and evidences of debt held 
under and by virtue of the said deed, and to give to the 
said trustees full receipts and acquittances therefor. 
The property K 5i_ Sectiofi 2. — That the money on hand, and all 

and proceeus ^ -^ ' 

pa^men/of ^^^^i^y duc to the trustees on account of said property and 
in 1843.^^"^'' all the rents which may hereafter be received and collected 
from all the property described in the said deed, be and the 
same are hereby appropriated and set apart for the payment 
of the bonds issued under the Act of the general assembly 
of the State of Alabama, approved the lltli day of Febru- 
ary, A. D., 1843, and for no other purjjose whatever. 
Trustees § ^^- SectioH 3. — That the persons elected under the 

™mian'd ^^'^t sectiou of tliis ordiuauce be, and they are hereby 
wharves, authorized to rent the different wharves, the lands and 
other property, belonging to the city, for one j^ear or a term 
not exceeding three years, and to take from the lessee, 
leases with proper covenants to the city, and to collect the 
rents which may from time to time accrue therefrom, and 
the same to approjjriate (after paying the necessary ex- 
Proceedato penscs) to the payment of the bonds aforementioned, at 
under direc- ^\\q\\ times, and iu such manner as the mayor and the 
mayor and finance committec of the boards of aldermen and common 

finance com- 
mittee, council may from time to time direct. 

Trustees § 53. Section 4. — That the said board of trustees, shall 

an account rcudcr to the cori)oration of the city of Mobile an account 

annually. ^,. . ^ • -\ -i i i i- 

01 their transactions, which have taken place during the 

year. 
Public § 54. Section 5. — That the public square between Dau- 

new"'p^owder phiu, St. Joscpli, St. Fraucis and Conception streets, the 
rnKme'"^' ncw powdcr magazine, all public markets which may now 
mayor's or hereafter be owned by the city of Mobile, the engine 
withheld ' houses, the mayor's office, and all other public buildings, 

fromtrus- 5 J J I' . n 

tees. such as ai'C really necessary for the use and occupation of 

the corporation, in the regular administration of its affairs, 

♦ See copy of deed in local laws in Appendix. 



BONDS. 91 

are withheld from the said board of trustees, and are to 
remain in the actual possession of the corporation. 

§ 55. Section 6. — That said board shall be known by^a^^^o^^^e 
the name of "the trustees of the city of Mobile for the set- 
tlement of its public debt," that one shall be elected for Termor 
the term of six years, one for the term of four years, and °^°®' 
one for the term of two years, from the first Monday in Time of 
March, 1853, and hereafter an election shall be holden ^ ®° '° * 
every two years, on the first Monday in March, by a con- 
vention of the corporation, for the retiring member of said 
board, when any of their terms expire, who shall serve six 
years, so that every two years there shall be coming into 
the board a new member ; and in case any vacancy occurs, vacancies. 
either by death, resignation or otherwise, a convention shall 
elect another trustee to fill said vacancy. 

^ 56. Section 7. — That all moneys arising, in any Funds to be 

•^ ^J o^ - deposited in 

manner, out of the management of said trustees, from rents savings com- 

. . pany. 

or otherwise, shall be deposited in the Mobile Savings 
Company for the uses and purposes above heretofore speci- 
fied, and shall be subject to the order of a majority of said 
board of trustees, or such other order as may be by them 
agreed upon. 

All Ordinance to adjust Old Liabilities. 

5 57. Whereas, By the second section of an Act of the ^^^"^'1^$' 
legislature of Alabama approved 11th February, 1843,1^^2-) 
entitled "An Act to enable the corporate authorities of the j^°„[,g^"^here 
city of Mobile to provide for the security and payment of *een^s3^ued" 
the debts of said city and for other purposes" it is declared Acton sis, 
" that the mayor, aldermen and common council of the city ed to the 
of Mobile may for the payment of the debt now due and under the 

'' ^ "^ , . . Act of 1848. 

owing by said city issue the obligations of said city under 
its corporate seal in sums not less than one hundred dollars 
each, bearing interest at the rate of five per centum per 
annum and redeemable in twenty years after the date 
thereof, or at any earlier period, at the discretion of said 
corporation," and whereas, also, there yet remains un- 
adjusted under the Act, a small portion of said indebtedness 



92 ORDINANCES. 



which was not jiresented or demanded in the settlement 
heretofore made, therefore : 

Be it ordained, " That the mayor, together with the 
finance committee of the two boards, be authorized to settle 
or adjust the bonds now outstanding against the city and 
which were not adjusted under the Act of 1848, aforesaid, 
upon the same terms or same conditions and in the same 
manner as the balance of the city indebtedness were here- 
tofore adjusted, and that the new bonds to be issued in 
such settlement shall in all things conform to said Act, 
and be held under its privileges, securities and obligations. 



ARTICLE III. 

An Ordinance to carry into effect the 3d, 4th, 5th, 6th and 7th sections of 
an Act of the Legislature of the State of Alabama, entitled " An Act to 
amend and explain an Act entitled an Act to Incorporate the Mobile and 
Ohio Railroad Company." Approved Jan. 5th, 1850. 

Whereas, In compliance with the provisions of the above 
recited Act, and in pursuance of notice, an election was 
held at the court house in the city of Mobile, on Wednes- 
day the 27th of February, 1850, and it appearing from the 
returns of said election, that over three-fifths of the free- 
holder votes then given were in fjivor of the sections of said 
Act above specified, and they have therefore become A law. 
(Adopted § 58. Section 1. Be it ordained, That from and after 
1850.) ' the passage of this ordinance, that in addition to the pres- 
speciai tax eut tax there shall annually be levied and assessed a special 

ol 25 per cent •' ^ 

q'^I^^q^ and separate tax of twenty-five cents, and at that rate on 
to $300,000. eyery hundred dollars in value of real estate, within the 
corporate limits of said city, to be called a railroad tax, 
until the amount of three hundred thousand dollars shall 
have been assessed and collected, said assessment to com- 
mence with the municipal year 1850. 



BONDS. 93 

S 59. Section 2. That it shall be the duty of the city Tax ooiiect- 

•^ . "' ** or to collect. 

tax collector, and he is hereby empowered to collect the 
said tax, in the same manner as other taxes are assessed 
and collected, under the laws and ordinances now in force. 

He shall from time to time pay the moneys collected siiaii pay 

■>■ •' •' over to the 

under this ordinance and the Act above mentioned, to the*r<^'''!"''f °f 

' the M. & u. 

treasurer of the Mobile and Ohio Kailroad Company, after ^- ^- ^°- 
deducting 2 per cent, for fees of collection. 

He shall enter in a well-bound book the names of all shaii enter 

in a book 

persons who shall pay assessments as herein provided, and auTss^sed.'^ 
shall annually return a copy of said book to the said com- 
pany ; and shall furnish to each person or persons a sepa- fe'^cdpf to * 
rate receipt for said railroad tax. ^"""^ person. 



An Ordinance to raise a special Tax on Real Estate to aid in the construction 
of Mobile and Ohio Railroad. 



§ 60. Whereas, by Acts of the general assembly of the 
State of Alabama, approved the 5th of January, 1850, and 
the 20th of December, 1851,* authority has been vested in 
the mayor, aldermen and common council of the city of 
Mobile to levy a special tax on all real estate within the 
limits of said city, for the jDurpose of promoting the con- 
struction of the Mobile and Ohio Kailroad, provided the 
same should be sanctioned by the owners of freehold estates 
in said city, and by tenants under leases for a term of five 
years and upwards (ascertained by a vote and by a majority 
of three-fifths of the votes) in the mode and manner pro- 
vided by the said two Acts, 

And whereas, in pursuance of the authority of said Acts, 
the sense of the said owners of real estate and tenants as 
aforesaid has been duly ascertained in the mode provided by 
the said Acts, whereby the power to levy such tax has be- 
come perfect and complete and may be lawfully exercised 
by the mayor, aldermen and common council of Mobile for 
the purpose aforesaid, 

* These Acts are inserted among the private laws. 



94 ORDINANCES. 



And it being deemed that the exercise of said authority 
would greatly advance the prosperity of said city and j^ro- 
mote its best interests, therefore, 
rtb°^7!'^ § 61. Section 1. Be it ordained, That there shall du- 
A taxoftwo^'i^g t^ie term of five years next ensuing, be annually levied, 
Fe^ierfor assesscd and collected in addition to the general city taxes, 
ve >ears. ^ special and sej^arate tax of two j)er centum per annum, 
and at that rate, on every hundred dollars, in value of and 
on all the real estate, within the limits of the city of Mo- 
bile, to be called a railroad tax : the said levy to com- 
mence with the assessment of the present year, and to con- 
tinue to be levied on the assessment of each succeeding 
year for the said term of five years. 
orTaf cot § 62. Section 2. That it shall be the duty of the city tax 
leot. collector and he is hereby required to collect the said tax 

annually in the same manner as other assessed taxes 
are collected, under the laws and ordinances now in 
force. 
toUy?^^' He shall duly pay over the money to be collected under 
the ordinance and the laws above stated to the Mobile 
and Ohio Eailroad Company, after deducting one-half of 
one per cent, on the amount collected by him for his services 
in collecting and paying over the same, and the whole shall 
be so paid over except as hereinafter is specially provided. 
He shall re- Hc sliall rccord in a well-bound book the names of all 

cord the 

pereons"^ partics who shall pay assessments as herein provided, and 
paying. g^igQ ^]^g amouuts SO paid by them, and shall annually re- 
raprof such ^^^1'^^ 3, copy of said book to the said company, and shall fur- 
company!^^ nish to each person or party so paying such tax, a se^iarate 
feT™ratV^ rcccipt thercfor for the sum so sjiecially paid ; every hun- 
receipt. ^xQ^ dollars of whicli railroad tax so paid and i-eceipted 
tied to stock, for shall entitle the holder thereof to one share of the cap- 
ital stock of the Mobile and Ohio Railroad Company : Pro- 
vided, that those who have personally subscribed to the 
stock of the Mobile and Ohio Railroad Company shall, for 
all sums paid on said stock over and above twenty per cent., 
be allowed the same from the tax collectable under this or- 
dinance and the Acts aforesaid. 



BONDS. 95 

§ 63. Section 3. That it shall be the duty of the mayor i^sT bS 
of the city, when requested by the said Mobile and Ohio amount of 
Kailroad Company, for the purpose of anticipating so much wheA°re- 
of the said railroad tax as shall accrue for the years eight- raUrotd ^ 
een hundred and fifty-five and eighteen hundred and fifty- '^°'"''^"^" 
six to cause to be issued and to deliver to said company the 
bonds of the corporation, for an amount not exceeding in the 
whole, the sum of two hundred thousand dollars, to be re- 
deemed by the taxes for the year eighteen hundred and fif- 
ty-five, and the sum of two hundred thousand dollars, by 
the taxes for the year eighteen hundred and fifty-six. The 
said bonds to be issued for sums of one thousand dollars 
each, under the seal of this corporation, payable to the or- 
der of the Mobile and Ohio Railroad Company and bearing 
interest till paid, semi-annually, at a rate not exceeding 
eight per cent, per annum. The said bonds to be redeemed 
and paid at any time during the said years eighteen hun- 
dred and fifty-five and eighteen hundred and fifty-six, re- 
spectively, as this corporation may think proper, and to be 
paid, with so much of the special taxes of said years re- 
spectively, as shall be necessary to discharge the same. The 
form of the said bonds and the coupons for interest to be 
such as the said company shall designate, with the assent 
of the mayor and the presiding officers of the boards of al- 
dermen and common council. 

§ 64. Section 4. — That the said taxes to be raised under ^^^^^^^^^g'^j^® 
the authority of this ordinance, and of the Acts of the gen- tf fhe'"''^'''^ 
eral assembly aforesaid, for the said years eighteen hundred b™d™'ai'/o, 
and fifty-five and eighteen hundred and fifty-six respectively, issl! 
are hereby pledged to the amount of said bonds for the 
redemption and payment thereof, and for the interest 
thereon during said years respectively, and the said taxes 
are hereby appropriated for said purpose, and it is declared 
that they shall be respectively applied to redeem and pay 
the same : and in like manner the annual tax accruing for 
the years eighteen hundred and fifty-two — fifty-three — and 
fifty-four respectively, that is to say so much thereof as 
shall be requisite' is pledged, appropriated, and directed to 



96 ORDINANCES. 



be applied to pay the installments of interest, to fall due 
semi-annually on said bonds : each for its respective year. 
Z°dt?7ai'' -^^d it is further provided that all sums, which shall be 
BaJrko°f Mo- collected by the said tax collector, and which shall be neces- 
'"'^' sary for the payment of said bonds and of said interest as 

appropriated by this ordinance, shall be paid into the Bank 
of Mobile, to be applied to redeem said bonds and pay said 
interest, anything in this ordinance contained to the con- 
trary notwithstanding, and to this effect the said company, 
before the issuance of said bonds, shall be required to file 
their consent in the records of this corporation, that so 
much of said taxes annually as shall be so retained by this 
corporation to be applied to discharge said bonds and 
interest. 
Repeal of S 65. Section 5. — That all ordinances conflicting with 

Acta incon- ... 

sistent with the provisious herein contained be repealed and that the 
said tax hereby jDrovided for shall in all things be raised 
and applied in conformity with the provisions of the said 
Act approved December 20th, 1851, entitled " An Act to 
authorize the corporate authorities of the city of Mobile to 
levy a special tax." 

Note. — An Ordinance to consolidate the debts of the City of Mobile due on the 6th February, 
1858, other than Bond Debts and Coupons, and for the payment of the same. (Passed 
since the adoption of Code.) 

Section 1. Be it ordained, That for the purpose of consolidating the debts due by the city 
of Mobile on the 6th day of February, 1858, and appropriating the means provided for the 
payment of the same under authority of the 2d section of an Act of the legislature approved 
February 6th, 1S58, entitled An Act to amend an Act approved January 15th, 1844, to consol- 
idate the several Acts of incorporation of the city of Mobile, and to alter and amend the 
same, the joint finance committee shall ascertain the amount of indebtedness due by the 
city of Mobile on the 6th day of February, 1858. 

Section 2. That the mayor of this city be, and he is hereby authorized to issue the bonds 
of the city for the sum of sixty thousand dollars in sums not less than one hundred or 
exceeding one thousand dollars each, one-fifth of the total amount being made payable in 
one year, one-fifth in two years, one-fifih in three years, one-fifth in four years, and one- 
fifth in five years, from the date thereof respective'y, with interest at the rate of eight per 
cent, per annum severally using in the issuance of said bonds the following form, to wit : 

United States of America, ) 
THE State of Alabama. I 

Funded debt city of Mobile, February 6th, 1858. $ eight per cent, stock No. . 

Know all men by these presents : Thn.l the mayor, aldermen and common council of the 

city of Mobile, acknowledge to owe to the sum of dollars lawful money of 

the United States of America, which sum the said mayor, aldermen and common council for 

themselves and their successors, do hereby engage well and truly to pay or to 

assigns, years from the date hereof, at the banking house of the Bank of Mobile ; and 



BONDS. 97 



the said mayor, aldermen and common oounoil for themselves and their suooessors, do 
hereby engage to pay an annual interest on said sum of eight per cent, payable annually at 

said banking house, to wit : dollars at the expiration of each year from the date hereof^ 

upon the delivery of the coupons severally hereto annexed, until the payment of said prin- 
cipal sum. In testimony whereof, the mayor and clerk of the city of Mobile have signed, 
and the treasurer has countersigned these presents and have caused the seal of the city to 

be affixed, this — day of in the year of our Lord . 

Section 3. That for the security of the holders of the bonds described in the 2d section of 
this ordinance and for the ultimate payment of the same and annual interest thereon, all the 
taxes now collected or which may hereafter be collected under authority of the Act of Feb- 
ruary 6th, 1858, shall be and are hereby pledged and appropriated. And it is hereby made 
the duty of the city tax collector and his successors in office to deposit weekly in the bank- 
ing house of the Bank of Mobile, all the moneys which he may collect under authority of this 
Act, making reports of the same to the boards of aldermen and common council. And it 
shall be the duty of the proper officer of the Bank of Mobile to pay from this deposit all 
coupons for interest or bonds as they mature, and cancel the same forthwith, returning them 
to the city treasury. If at the time of maturity of any of these bonds or coupons the amount 
on deposit in the Bank of Mobile is not sufficient for the full payment thereof then it shall be 
the duty of the city treasurer to deposit from the city treasury an amount sufficient to meet 
all the bonds or coupons then due, and to check out the same amount when it shall have 
been deposited by the tax collector as above directed. 

Section 4. The city treasurer shall open a distinct account, to be styled the specialfund 
account, and shall credit it with all moneys deposited by the city tax collector in the Bank 
of Mobile, as provided for in Section 3, and debit the account with all bonds and coupons as 
they are paid canceled and returned to his office, making annual reports of the same. 

Section 5. That out of the moneys received from the sale of these bonds the treasurer, under 
the direction of the mayor and the chairman of the joint finance committee, shall proceed 
to the full payment of the debts due by the city on the 6th of February, 1858, commencing 
by first paying all debts under the sum of fifty dollars, then all debts under the sum of one 
hundred dollars, continuing to pay the balance as they may be presented : Provided that 
nothing herein contained shall prevent the settlement of any debt due by the city when 
the creditor will accept the bonds at par value in payment thereof. 



98 ORDINANCES. 



CHAPTER VI. 

BURYING GROUNDS. 

An Ordinance regulating Burying Grounds. 

ARTICLE I. GENERAL REGULATIONS. 

" II. CITY SEXTON AND HIS DUTIES. 



ARTICLE I. GENERAL REGULATIONS. 

Established. § ^^- "^^ *'^ Ordained, That tlie two lots of land lying 
in the city of Mobile and used as burial places, be and are 
hereby established, as public burying grounds, that one 
located between Government, Munroe and Wilkinson, to be 

yard."^^^^^ Called " tlic old gravc yard," and that one located between 
Vermont, Maryland, Owen and Gayle streets to be called 

" New grave " the ucw grave yard." 

yard." 

S 67. That the bodies of deceased persons shall not be 

Bodies not "-"^ ... 

to be buried buricd at auv other place within the limits of the city, a 

at any other j i. j i 

place. violation of this section to be punished by a fine of fifty 
Penalty. dollars for each body. 

Persons § ^8. That all persons owning lots in said cemeteries shall, 

shl'irfon-'^ in fencing the same and in jDlanting trees or shrubs, conform 

u^iatlons!^^^ to the regulations adopted by the city, under penalty of 

twenty dollars, and such fence, tree or shrub shall be re- 

Penalty. - 

moved. 
Unlawful to § ^9. That it is unlawful to hitch or tie any horse, 
muielo any mulc, or othcr animal to any ornamental tree or shrub, that 
tree or shrub. -g or may bc i3lanted in either of the burying grounds, 
Penalty. uudcr penalty of five dollars. 
Treasurer § 70. That tlic clty trcasurcr shall open an account to 

shall open - , , " ... 

an account, DC Kuown as the ccmetery account ; crediting such account 

"the ccm- • i m • t /• i • 

etery fund." With all luouey reccivcd from the city clerk for the sale of 
lots and permits, order, &c., and charging the same, with 
the amount paid to city sexton, clerk, and expenses properly 
appertaining thereto. It shall be his duty to pay to the 



BURYING GROUNDS. 99 



city sexton monthly on an order signed by tlie mayor, all to pay to 

'' •' . . sexton 

money received by him for fees for interments in the city monthly. 
cemeteries, first deducting therefrom, twenty per cent, of 
said amount. 

This sum together with all other sums accruing under N^t exceed- 
this ordinance shall be set apart, not exceeding nine hun- a"p^rt to^^* 
dred dollars, for the improvement and embellishing of the g'Xndl. 
city cemeteries. That two hundred dollars of it shall be $200 for 
set apart for the extra payment of the city clerk ; the re- 

., .. . Ti Balance paid 

mainder shall be paid into the city treasury to be used as a into city 

-■- J u treasury. 

part of the city revenue. 

The amount received for embellishing the city cemeteries ^p[° ^be 
shall be expended under the direction of the joint committee J?^^-J,miUGe 
of public grounds and property, who shall report such ex- °ro''unda° 
penditures to the boards. 

The treasurer shall pay the amount so expended on an ex°plnded. 
order signed by the mayor and chairman of the committee. 

The treasurer shall make monthly reports to the boards make 

• 1 1 1 1 monthly re- 

of all moneys thus received and expended. ports. 



AKTICLE II. CITY SEXTON AND HIS DUTIES. 

§ 71. That there shall be elected annually in convention gexton 
a city sexton who shall give bonds in the sum of twenty- ^^^11^' ' 
five hundred dollars, whose duty it shall be to take care Duties. 
that the fences and walls are not injured. 

To keep the walks and inclosures of the cemetery clean f c.^^'cilat!'^' 
and in good order. 

To permit no encroachments to be made therein, and no 
defacing of tombs or monuments, or profanation of any 
kind to take place. 

He shall direct or oversee the digging of all graves and Direct the 
cause each grave to be dug at least five feet deep, and to be gravesT &c. 
placed in conformity to the plan or plot of the grounds, 
and avenues, and to be so dug that all monuments may 
face the respective avenues, unless otherwise directed by the 
mayor. 



100 



ORDINANCES. 



Mayor to 
decide dis- 
putes. 

See graves 
co%"ered. 



Keep map. 



Penalty. 



Paupers to 
be buried. 



The decision of the mayor shall be his guide in all cases 
of disagreement with any lot owner. 

He is required to see every grave properly covered, to 
preside at the opening or closing of all tombs or vaults; 

To keep a map of the grounds with all the names of the 
lot owners, names of avenues and walks, which map must 
be kept clean and neat, and to be transmitted to his succes- 
sor in office ; for any violation or neglect of the provisions 
of this section he shall be fined fifty dollars. 

§ 72. That the city sexton .shall bury all paupers, furnish 

a plain pine coffin therefor, and carry the corpse from any 

point in the city to the new cemetery and there deposit it 

in the grave, free of all charge to the city. 

No body to S 73. That no ''body" or "corpse" shall be removed 

be interred "^ , '' . -"^ . 

without a for interment in the city cemeteries, or in any cemetery out 

certilicate of •' 7 j ^ j 

name age, pf ^he city, without first having obtained the certificates of 

sex, &c. '' ' o 

the attending physician or of two citizens, stating the name, 
age, sex, color, nativity, disease of the deceased, and 
date of death, and if the physician refuses or neglects to 
give such certificate he shall be fined fifteen dollars. Or in 
case of death by murder, fi-aud, force, violence, or casualty, 
then the certificates of the coroner, or jury, which cer- 
tificate shall be presented to the city clerk, who shall there- 
upon enter the particulars set forth in the certificate, the 



Physician 
shall give 
certificate. 



In case of 
murder or 
violence. 



Clerk to 
make regis- 
ter of deaths number of the lot or place wherein the corpse is to be in- 

and order -■• ■'- 

burial. terred, in a book properly kept, known as the "register of 
deaths;" the clerk shall then issue the permit and order for 
burial directed to the sexton, and require the payment of 
the following fees : 

Fees. When the interment is to be in the city, children under 

twelve years of age, $4 00 ; for persons over twelve years 
of age, $6 00 ; when out of the city limits, in all cases, 
|2 00. 

In case of In casc of sickucss of the clerk, and on the Sabbath day, 

sickness of 

clerk, sexton lie mav providc the sexton with blank permits to be used 

may act. "' ^ ••■ 

when necessary. 

The sexton shall be held accountable for their lawful 
application in the same manner and to the same extent as 
the clerk. 



CARTS, DRAYS, WAGONS. 101 

The city clerk shall pay over to the city treasurer, weekly, cierk shaii 
all amounts received by virtue of this ordinance. He shall treasurer 

'' weekly. 

keep a map similar to the one kept by the sexton, upon shaii keep 
which he shall make the same entries. It shall be his duty He shaii seii 
to sell any lot or lots, and issue deeds therefor. ^ ° ^' 

For all of which services he shall receive the sum of two salary of 

clerk, 

hundred dollars per annum, payable quarterly out of the 
cemetery fund. 

It shall be the duty of the city sexton to keep at his sexton to 

, keep eop5' ol 

office a copy of the " register of deaths," and to make a register of 

^•J o 7 deaths, and 

monthly and annual report to the boards of aldermen and"^J^'f,^, 
common council of all of the particulars contained therein. ^'''p°'''«- 

It shall not be lawful for the city sexton to be interested Not to be in- 
either directly or indirectly in the purchase or sale of any ^^uy^iou '" 
lot in the city cemeteries except for his own family use. 

For a violation of any of the provisions of this ordinance Penalty. 
he shall be tined fifty dollars. 

The clerk shall issue permits for the burial of paupers P'^rt to 

-■- _ _ -'-•'■ issue per- 

without any fee, but he shall require a certificate from the ™i's- 
sexton, signed by the attending physician or by two credible 
citizens, that deceased was a pauper. 



CHAPTER VII. 

CAETS, DRAYS, WAGONS. 

4n Ordinance respecting Carts, Draj's, AVagons, &c., 

S 74. Be it ordained. That the owner of each and every ^ . 

•-> ' '' License. 

dray, cart or wagon kept for hire or employed in hauling, 
or used for any purpose within the limits of the city, shall 
obtain a license to run such dray, cart or wagon, to be 
issued by the mayor under the seal of the corporation, and 
countersigned by the clerk. 

The clerk shall number said licenses beginning with No. cierk shaii 
1, for each, and terminating in each case with the highest"""" ^^' 
number issued during the term of one year, commencing on 



102 ORDINANCES. 



tlie first day of January, April, July or October of each 

year, and terminating twelve months thereafter. 
Fee. The sum of fifteen dollars shall be paid in advance for 

such license. 
jjot to This ordinance shall not extend or apply to wagons and 

produce" carts employed in hauling for the owner, the products of 
wagons, -c. j^.^ f-^xux, and wagons and carts used for private family use 

where no money is received, nor to carts employed solely in 

the service of the city. 

Owner to 8 75. That the owner of everv drav, cart or wagon re- 
number "-; J ^' 7 a 

dray, &o. quired to take out a license shall cause the same to be 
numbered on the left side with the number of the license 
issued as for said dray, cart or wagon, with plain and con- 
spicuous figures, such as may be prescribed by the clerk of 
the city. 

Penalty. If a^J ^ray, cart or wagon shall be used without being so 

licensed and numbered, the owner shall be fined five dollars 
for each day. 

Clerk keep a § 76. That the clcrk of the city shall keep a book in 

names. which he shall enter the names of all owners of drays, carts 
or Avagons, and the number and date of each license. 

Transfers to That evcry sale or transfer of any dray, cart or wagon 
shall be made known to said clerk at his ofiice, and he shall 
make an entry thereof ; and if the owner fail or neglect to 
notify the clerk, of the sale or transfer, within five days 
thereafter, the license is declared to be forfeited. 

§ 77. That every driver of a cart or dray used for public 

cart or drav hire, wlicu uucmploved shall go to any place in the inhabited 

compelled to ' , . i • i i i t 

take load, part of the City to which he may be directed, and there load 

his cart or dray, and shall not refuse to take such load to 

such other place in the inhabited parts of the city as he 

Penalty. ^^7 ^G required, under penalty of five dollars, and if he be 

a slave, not exceeding twenty lashes. 

§ 78. That every driver of a cart or dray shall, if required, 
take upon his cart or dray a full load and no more. 
A full load is 3 bales of cotton. 
5 barrels or 20 kegs of lard. 
1 hogshead of tobacco, 
30 bushels of corn. 



Load 
defined 



CARTS, DRAYS, WAGONS. 103 

1 hogshead or 5 barrels of sugar. 

2 tierces of rice. 

3 barrels of molasses. 
10 coils bale rope. 

8 sacks coffee. 
12 pieces bagging. 
5 barrels pork or other salted provisions. 
8 bari'els loaf sugar. 
5 barrels mackerel. 
8 barrels flour. 
8 bari'els coal. 

4 bales hay. 

8 barrels potatoes. 

4 bales moss. 

8 barrels beans. 
12 kegs nails. 
10 boxes tobacco. 

2 casks bacon. 

5 barrels tar. 

7 sacks salt. 

6 barrels rosin. 
40 bushels of oats. 

1 pipe brandy. 

8 barrels apples. 

2 casks claret or other liquor. 

4 barrels whiskey or other liquors. 

And a load of any article not enumerated or of which 
only a part is enumerated shall not exceed in weight fifteen 
hundred pounds. 

§ 79. That every driver of a cart or dray shall be entitled Drayage and 

<J "^ "^ _ cartage fee. 

to demand and receive of the person who employs him the 

following prices : 

For every bale of cotton, ------ 10 cents. 

For every load conveyed to any place within 

half a mile %---------- 25 cents. 

For every load conveyed to any place exceeding 

half a mile and not more than one mile, - - 40 cents. 
For every load to a place exceeding one mile 

at the rate per mile of ------- 40 cents. 



104 



ORDINANCES. 



Driver of 

cart, dray, 
wagon. &.C., 
to keep on 
right side of 
road. 



Penaltj'. 



Shall have 
strone reins 



Not to gal- 
lop, &c. 



Penalty. 



§ 80. That every driver of drays, carts, wagons, and 
carriages of burthen or pleasure, driving in and through 
the streets, lanes and alleys in the city of Mobile, where 
there is sufficient room for two to pass, shall keep on that 
side of the street, lane or alley which is on his right hand 
in the passing direction, under penalty of five dollars, and 
if a slave ten lashes, unless his employer will pay the fine. 

§ 81. That no person shall sit or stand in or upon any 
dray, cart, wagon or carriage of burthen or j)leasure or on 
any horse or beast harnessed thereto, unless he shall have 
strong reins or lines fastened to the bridle of the horse or 
beast, and held in his hands, sufficient to guide and restrain 
them from running, galloping or going at immoderate speed 
through the streets, lanes, or alleys of the city. 

That no person driving or riding any horse or beast in 
the city shall permit or suffer such horse or beast to go in a 
gallop or other immoderate gait. 

Any one violating this section shall be fined five dollars, 
and if a slave twenty lashes, unless his employer pay the 
fine. 



CHAPTER VIII. 



License for 
cab, &c. 



License for 
buggy, &.C. 



Hank and 
cab hire. 



COACHES, CARRIAGES, CABS, &c. 

An Ordinance resiiectins Coaclies, Carriages, Cabs, &c. 

§ 82. Be it ordained, That the owner of every carriage, 
hack, cab, or omnibus, kept for hire or for the conveyance 
of passengers, shall jiay annually in advance into the city 
treasury fifteen dollars. 

And the owners of every buggy, gig or sulky so kept, 
shall pay annually in advance into the city treasury, ten 
dollars. 

Which shall authorize them to run within the city under 
the regulations and penalties of the city ordinances. 

§ 83. That the drivers of such vehicles shall be permit- 
ted to charge the following rates .and no more : 



COACHES, CARRIAGES, CABS, ETC. 105 

To any place in the city not exceeding half a 
mile for each passenger with baggage not ex- 
ceeding one hundred pounds in weight, - - 50 cents. 

To any place exceeding one-half mile and less than 

one mile, ----------- 100 cents. 

To any place exceeding one mile at the rate per 
mile, ----_---_--- 50 cents.. 

And any owner or driver of a licensed vehicle may 
upon agreement with passengers, charge at the 
rate per hour for the use of the whole carriage 
for four persons, --------- f 1.00. 

The owner or driver may charge at the rate of one dol- 
lar per hour though only one person use it. 

After 10 o'clock P. M. double the rates above prescribed night may 

may be charged. double. 

Any person who shall charge more than the rates here 

fixed shall be fined $10.00 

S 84. That any owner or driver of a carriage, hack or Penalty for 

i> -I a J remsmgto 

cab, who shall refuse either to a number of persons, or to a ^^''^y p^"- 
single person, to convey him or them according to the provi- 
sions of this ordinance, shall be fined not less than five, nor 
more than fifty dollars. 

§ 85. That every carriage, hack or cab, shall have the to be num- 
number of the same painted on the lamps, in figures, in a lamps. 
conspicuous manner not less than three inches long and 
properly proportioned. 

§ 86. And said lamps shall be lighted every night, moon- f^^^^l *° ^^ 
light or dark, at dusk, and continue so lighted while in the 
streets or elsewhere on hire, under jDcnalty of not less than ^^naity. 
five nor more than fifty dollars, to be imposed on the owner 
or driver. 

§ 87. That it shall not be lawful for any owner or driver Not to stand 
of any carriage, hack, cab, buggy or vehicle kept for hire or any dwelling 

1 f, T . . , or store 

the conveyance oi passengers or otherwise, to occupy with against con- 
the same, any place or stand in any of the streets of the o^er. 
city, in front of any dwelling house or store, against the con- 
sent of the owners or occupants, longer than is necessary 
to set down or take up passengers. And it shall be the 



106 



ORDINANCES. 



Drivers shall 
coniluct 
themselevs 
properly. 



Duties of 
drivers. 



Penalty. 



Any person 
racinK. shall 
be fined. 



Every public 
vehicle shall 
post a copy 
ol' this ordi- 
nance in it. 



duty of every driver to remove tlie vehicle under his control, 
from before any house or store, upon the request of the 
owner or occupant. 

It shall be the duty of all drivers of public vehicles when 
employed in conveying passengers, and during the time 
they are waiting for passengers or employers, to conduct 
themselves in a quiet, peaceable, and orderly manner. 

To take up and set down their loads as expeditiously as 
possible ; to give away for the drivers of other vehicles to 
deposit or receive their loads ; and not to encumber or 
block up any passage-way or street ; to avoid all collisions 
or interference with other vehicles and to avoid all conten- 
tions, disputes, altercations and affrays with other drivers 
or persons. 

It shall be the duty of every driver of a public vehicle, 
while at the stands, to remain in his seat or within ten feet . 
of his horse's head ; and on all and every occasion of leav- , 
ing their vehicles they shall leave their whips in them. -"'^^ 

Any person violating this section shall be fined not less 
than five nor more than twenty dollars. 

§ 88. That any person engaged in racing with carriages 
or public vehicles, or driving at a speed to endanger the., 
safety of persons or passengers, shall be fined not less than' 
ten nor more than fifty dollars. 

§ 89. That every public vehicle shall have the 83d and 
84th. section of this ordinance hung up or placed in some 
conspicuous part of his carriage and inside thereof, and 
there kept at all times when in public use, under penalty 
of $10.00 to be imposed on the driver or owner. 



CLERK OF THE CITY. 107 

CHAPTER IX. 

CLERK OF THE CITY. 

An Ordinance to create and define the duties of City Clerk. 

§ 90. Be it ordained, That there shall be annually Elected, 
elected by the convention, a clerk of the city, who shall give 
bonds in the sum of twenty-five hundred dollars, and receive Bond. 
a salary of fifteen hundred dollars per annum, and two hun- salary. 
dred dollars, according to the, provisions of § 70, and keep 
his office in the municipal buildings, where he shall attend *^''^°®- 
from 9 o'clock A. M. till 3 o'clock P. M. of each day. 

Whose duty shall be : 

To keep a correct record of all the proceedings of the board Duties, 
of aldermen and common council. 

* To attend at all the meetings of the board of aldermen 
and make proper entries and records of all orders, resolu- 
tions, ordinances, opinions, and proceedings of the board. 

To keep a separate book in which shall be entered in full, 
all ordinances, by-laws, and joint resolutions adopted by the 
city, with full and complete index thereto. 

To carefully file and preserve in his office all books and 
papers which may be delivered to him by virtue of his 
office. 

To keep at all times the office free and accessible to any 
person having a right or claim of business therein. 

To examine all accounts presented against the city pre- 
vious to all regular meetings of the board, and certify as to 
their correctness or incorrectness before they are presented 
to the board for allowance. 

To keep a regular set of books wherein he shall enter all 
appropriations and keep a regular account of all expendi- 
tui-es of the city. 

To keep an account with the city treasurer, of all money 
received for licenses, fines, and from other sources. 

To perform all other duties required by the city ordi- 
nances or by-laws. 



108 ORDINANCES. 



To perform all other duties generally, under the direc- 
tion of the mayor, which clerks of cities are required or 
accustomed to perform. 
Fees, § 91. That he be authorized to demand and receive the 

following fees, which shall be paid by the applicant to the 
clerk, and by him into the city treasury : 
For issuing license for each dray, cart, wagon, 

carriage or other vehicle, -------50 cents. 

For issuing license for retailing sjiirituous liquors, $1.00. 
For registering name and description of a free 

negro, ------------ |1.00. 

For any certificate required by any person, - - 25 cents. 
For any copy of the records, or of any papers in 

the office under one hundred words, - - - 25 cents. 
For any copy over one hundred words, (at the 

rate of) ------15 cents. 

For receiving and filing list of passengers, - - 15 cents. 
For making out list of passengers, under six, - 50 cents. 
For each passenger named, ------ 5 cents. 



DITCHES. 109 



C HAPTER X. 

DITCHES. 

An Ordinance to prohibit the cutting of Ditches in the streets. 

S 92. Be it ordained. That no person, upon any pretense, no aitch to 

"^ _ ' ^ ' ^ '' \ ' be cut in any 

shall cut any ditch across or alono; any of the public streets ^'^''^<'' '«^'"^- 

•' o ./ J. out permis- 

in the city, unless leave be specially granted by the mayor ^'°"- 
or one of the boards. 

That when such leave may be granted, such ditch shall ^an^ed to 
be well barricaded, and guarded during the time it may be " guarded, 
necessary to remain open. 

Any person violating this ordinance shall be fined twenty Penalty. 
dollars. 

(Note. — This ordinance was adopted since the adoption of code, and is 
here inserted as a note.) 

Section 1. Be it ordained. That no dog, bitch, or whelp shall be allowed or permitted to 
run at large within the limits of said city between the first day of June and the first day of 
October of each and every year, and every owner or keeper of any dog, bitch or whelp, who 
shall permit the same to run or be at large contrary to the provisions of this section, shall 
pay a penalty of five dollars for each offense, and the informer thereof shall be entitled to 
one-half of said penalty when collected : ■provided that nothing in this ordinance sliall 
authorize the destruction of any dog, bitch or whelp found running at large, if said dog, 
bitch or whelp shall be securely muzzled with a wire muzzle to be fastened on with a 
leather strop or chains, nor shall a suit be commenced against the owner of any such dog 
found running at large securely muzzled as aforesaid. 

Section 2. It shall and may be lawful for the mayor of the city of Mobile to publish his 
proclamation forbidding the running at large of any dog, bitch or whelp within the limits of 
said city at any period of the year whenever the public safety is in danger, or that there are 
mad or rabbid dogs within or near said city, unless such dog, bitch or whelp is securely 
muzzled as provided in this ordinance, and the mayor is hereby authorized and empowered 
to employ as many persons and at such pay as he may think proper to carry into effect the 
provisions of this section. It shall or may be lawful for the city marshal and for such 
other person or persons who may be authorized by the mayor to kill and destroy or to cause 
to be killed or destroyed any dog, bitch or whelp which may be found running at large 
contrary to the provisions herein contained, and it is hereby made the duty of the marshal 
and the entire police force of the city, upon notice from the mayor, to proceed forthwith to 
destroy all dogs found so running at large. And any person who shall molest, interrupt, 
hinder or prevent the city marshal or any other person authorized by the mayor aforesaid 
or either of them in the discharge of the duty herein prescribed, shall forfeit and pay a 
penalty of twenty-five dollars for each offense. 



110 



ORDINANCES. 



CHAPTER XI. 
DRUMS. 

An Ordinance to prohibit the heating of Drums. 

No drum to § 93. ^6 it Ordained , That no drum shall be beaten in 
except'—" the city, except on occasions of military, fireman and society 

parade. 
Penalty. Any pcrson violating this ordinance shall be fined twenty 

dollars. 



CHAPTER XII 
FACTORIES. 



Not to be 

established 

w'itliout 



Penalty. 



An Ordinance to regulate tlie establisliment of Candle and Soap Factories. 

§ 94. Be it ordained, That no person shall establish 
within the city, the boiling of any materials for the manu- 
factm-e of soap or candles, or any factory of soap or candles, 
unless he shall first obtain the wi'itten certificate of the 
board of health, that the location which he has selected for 
that purpose, will not prove injurious to the health or com- 
fort of the neighborhood. 

This certificate shall be submitted to the mayor, and if 
he approve of the location, he shall grant a license for the 
establishment of the factory at the place named in the cer- 
tificate. 

Any person violating this ordinance shall be fined twenty- 
five dollars, and twenty-five dollars for each day after the 
first fine. 



FENCES. Ill 



CHAPTER XIII. 

FENCES. 

An Ordinance to regulate Partition Fences. 

§ 95. Be it 01'dained, That all partition fences in the ^f the'owner 
city, shall he erected, built, and kept in repair, at the joint J"'""^- 
expense and cost of the persons whose grounds shall he 
inclosed or separated thereby. 

§ 96. That in all cases where any dispute shall arise as how seltied. 
to the sum or sums of money to be paid by either party, for 
the erection, building or repairing, any partition fence, the 
party aggrieved may complain to the mayor. 

The mayor shall appoint three respectable freeholders of 
the city, as inspectors, whose duty it is, to examine said 
fence, and report to the mayor the sum to be paid, and to, 
and by whom. 

Thereupon the mayor shall make an order requiring the 
delinquent, within the term of ten days, to pay to the per- 
son to whom the same may be due, the sum so reported, 
by a majority of the inspectors. 

And if the delinquent shall neglect, or refuse, after due 
notice of the order, to pay said sum of money, the person 
80 neglecting, or refusing, shall be fined fifty dollars for 
every day that he shall neglect or refuse. 



112 ORDINANCES. 



CHAPTER XIV. 
FIRES. 

An Ordinance concerning the Fire Department. 

ARTICLE I. TO ORGANIZE THE FIRE DEPARTMENT. 

" II. TO ESTABLISH PRECAUTIONARY MEASURES. 

" III. TO ESTABLISH A BOARD TO INVESTIGATE THE ORIGIN OF. 



AETICLE I. TO ORGANIZE THE FIRE DEPARTMENT. 

Companies c 97 ^g (f ordciined. That there be established such 

autnonzed. O ? 

number of fire engines, hook and ladder, hose and bucket 
companies, as may be deemed expedient by the city. For the 
management of each there shall be a company enrolled and 
organized agreeably to such by-laws as said companies may 
deem expedient and proper, for the purpose of compelling 
the attendance of such members of said companies, in case 
of fire, or an alarm of fire. 

Such companies may elect from their number such offi- 
cers to command the same as they may deem proper. 

The officers, when elected, shall have and exercise the 
power of compelling the attendance of the members accord- 
ing to the by-laws, and to demand and collect all fines that 
may be incun-ed by such by-laws. 

The said fines may be recovered before the mayor, or any 

one of the aldermen or common council of the city, for the 

use of the company. 

Duties of § 98. That it shall be the duty of each company to take 

company. ^^^^ ^^ ^^^ teeip in good order, their respective engines, hose, 

hooks, ladders, and other apparatus, and to have them at 

all times ready for use. 

Members That cach officcr, member, honorary member, and the 

exempt (rom i n i i> 

poll tax. fire wardens of the fire department, shall be exempt from 
paying a city poll tax. 



FIRES. 113 

S 99. That it shall be the duty of the foreman or officer Duty of 

'J ** _ _ foreman. 

in command of each company, to cause their engines and 
apparatus to be worked at least once in each month, by 
the company, under penalty of five dollars. 

§ 100. That as often as a fire shall break out, the fire- oaselVfire. 
men shall repair at once, upon the alarm thereof, to their 
respective engines or other fire apparatus, and convey the 
same to the place of the fire, unless otherwise directed by 
the chief or other engineer, and there, in conformity with 
the direction given by the chief engineer, manage the 
engines and other apparatus to the best advantage. 

And when the fire is extinguished shall not remove there- 
from but by the permission of the chief or other engineer 
in command. 

§ 101. That no fire engine or other fire apparatus shall ^J* ^^^^^^g'° 
be removed or taken from its house unless a member of its member!'^ ^ 
company shall be present, under a penalty of ten dollars. 

That it shall be the duty of the officers of every fire com- officers shaii 

'' ^ report any 

pany to report all violations of this section to the chief or J'||.'^^''°" °^ 
other engineer. 

S 102. That the fire department shall be under the con- Department 

'J J- under con- 

trol of one principal or chief engineer, and two persons to be ^™j fjl'^J 
called 1st and 2d assistant engineers. 2d assistants. 

They shall be elected from among the fire department Elected, 
annually, on the second Monday of April, by the qualified 
white firemen of the several fire companies, and the eight 
fire wardens of the city. 

Said election to be conducted under the management of ^ow- 
an officer or delegate from each fire company, or by any 
three of said officers or delegates. 

§ 103. In the event of the death, resignation or vacancy 1^^^^°^'^ 
of the office of chief engineer, 

It shall be the- duty of the fire department, under the 
direction of the first assistant engineer, within ten days 
after such vacancy shall occur, to elect some person to fill 
the vacancy, in the manner prescribed for the election in 
April, 

And the person so elected shall hold office tUl the next 
election in April. 



114 



ORDINANCES. 



Lists to be 
furnished. 



Duties of 
officers. 



Vacancy, s 104. That if froiii any cause the office of the first and 

how filled. <^ •' 

second assistant engineers or either of them become vacant, 
The chief engineer shall, within ten days thereafter, fill 
the vacancy by his appointment from among the fire depart- 
ment, and the person so appointed shall hold office until the 
election in Ajiril. 
No one but § 105. That no person except fire wardens, shall vote at 
shau^vote! the clectiou for officers of the department, who has not been 
elected a member of one of the companies, thirty days pre- 
vious to said election. 

It is the duty of the secretaries of the companies to fur- 
nish an attested list of the members of their companies. 

§ 106. That the several officers commanding the compa- 
nies, shall obey all orders of the chief engineer or of the 
assistants, when emanating from the chief in command, 
either in time of fire or at an alarm of fire, under penalty 
of twenty dollars. 

That the engineer in command shall place himself in the 
most advantageous and conspicuous station for giving di- 
rections to the firemen, and the orders of the engineer so in 
command shall be paramount to all others. 

§ 107. That the engineer in command shall inspect the 
several fire engines, hose, hooks, and ladders, and other fire 
apparatus, as often as he may deem necessary, but not less 
than once in each month. 

If any of the engines or apparatus should require any ex- 
tensive repairs, he shall report the same to the mayor, alder- 
men and common council, that it may be done at the ex- 
pense of the city. 

He shall make a report of the state of the several compa- 
nies once in each year, together with the names of all the 
members of the department, and the companies to which 
they may belong, which report shall be published in one of 
the city newspapers. 
Persona at- S 108. That all pcrsous attending fires, not members of 

tending fires " -^ . • i /? 

required to the fire department, may be reqmred to assist the nremen 



Duty of 
engineer. 



if called on by any officer of the department, or of a com- 
pany, or by either of the fire wardens. 



FIRES. 115 

Any person refusing'^or neglecting to render reasonable 
aid shall be fined twenty dollars. 

§ 109. The chief engineer and the assistants shall be Penalties. 
fined twenty dollars for any neglect of duty. 

S 110. That the engineer in command shall be author- ^"g!"eerau- 

'J " thonzed to 

ized, with the concurrence of the other engineers or of the ™"°d„^n 
mayor, or of one of the aldermen or councilmen, to pull &J.',''in case 
down or remove (or cause it to be done), any building, "'^ ^''^' 
matter, or thing, which they may deem necessary in the 
exercise of a sound judgment, to suppress the ravages of the 
conflagration. 

§ 111. That each of the engineers shall be furnished with h^ve^T^^" 

, j_ 1 r- 1 • j_ J 1 trumpet, &o. 

a trumpet, and a nre cap such as is now worn, at the ex- 
pense of the city, not exceeding seventy-five dollars in any 
one year. 

The caps are to be painted blue and lettered " chief 
engineer," " first assistant engineer," " second assistant 
engineer." 

§ 112. That to all such companies as fully conform to ^™'Jf]j?p-^ 
all ordinances of the city, adopted for their government, ^l^y^^ '"'"' 
there shall be appropriated annually on the first of April, 
out of any moneys in the treasury, not otherwise aj)- 
propriated : 

To the fire engine companies three hundred dollars each, 

To the Mobile hook and ladder company the sum of one 
hundred and fifty dollars. 

Payable quarterly on the order of the foreman, counter- 
signed by the secretary. 

That previous to receiving the quarterly payment, each 
company shall give a detailed, and exact statement of the 
expenditures of the previous payment, signed by the trea- 
surer of the company, and a list of the active members, 
signed by the acting foreman and the secretary. 

That no money shall be paid to any company until this 
is done. 

§ 113. That no company shall pennit any person to be- ^g° p^''^™ ^° 
come a member of it, under the age of eighteen years, r8'ye'ars"o1''"^ 

Nor any person who has been expelled from any of the been°ex''-^^ 

pelled. 



116 OEDINANCES. 



companies of the department, unless lie has been re-instated 

in the company expelling him. 

wifrdeifs!^ § 114. That there shall be eight fire wardens elected, 

how elected, ("^^q fj-Qjj^ gj^^^j^ district) bj firemen at the same time and in 

Duties. the same manner of electing the engineers, whose duty it is 

to repair at once on the alann of fire to the place where it 

may be, and to assist in the preservation of property, and 

to keep all idle and suspicious j^ersons at a proper distance 

from the fire and its vicinity. 

Fire ward- S 115. That the firc wardens may choose out of their 

ens choose " _ '' 

president number a president and secretary, at such time and in such 

and secre- -■- •' ' 

'^"■y- manner as they may see fit, and may make such rules and 

impose such fines as in their judgment may best secure the 

performance of their duties. 

s^h^aVa^ndT: § H^- That it shall be the duty of the marshal and po- 

aiar'ra°of fir". lice ofiiccrs, to repair at once on an alarm of fire, to the 

place where such fire may be. 

And it shall be the duty of the police ofiicers, there to 
report themselves to the marshal, and to obey such orders 
as may be given by the mayor or aldermen, or common 
councilmen, for the preservation of the public peace, and 
the removal of all idle and suspicious persons, or others 
Penait ^*^* actually and usefully employed in aiding or extinguish- 
ing the fire, under penalty of ten dollars. 
ca"rf!or hook § H^- That uo engiuc, hose cart or hook and ladder car- 
ca^riage'to riago sliall bc run on the paved sidewalk of the city, ex- 
waik!" ^' ^ cept in the immediate vicinity of the fire, under penalty of 
Penalty. £ye dollars to be imposed on the company, 
"Firede- §118. That tlic cngiuecrs, fire wardens, and the fire 

partment of i-ii in 

the city of companies, are hereby authorized and empowered to form 
authorized, an Essociatiou to be called " The Fire Department of the 
City of Mobile," and to make such by-laws, as they may 
deem expedient for the government of said dejiartment: Pro- 
vided said by-laws shall in no way conflict with the city 
ordinances, the laws of Alabama, or of the United States. 
Fines under § 119. That all fincs iniposcd by this ordinance, inclu- 
nance°to'Ko diug tlic forfcitures of powder, are appropriated to the 
fund. " fireman's fund for the benefit of the sick and disabled fire- 



men and their families. 



FIRES. 117 



ARTICLE II. 

An Ordinance to establish Precautionary Measures. 

§ 120. Be it ordained, That the fire limits in the city ofFireUmits. 
Mobile shall be as follows : 

Commencing at the river in Canal street, running along 
the center of Canal to Eoyal street, along the center of 
Eoyal to Eslava street, along the center of Eslava to 
Joachim street, along the center of Joachim to Munroe 
street, along the center of Munroe to Cedar street, along 
the center of Cedar to St. Anthony street, along St. An- 
thony to Jackson street, along the center of Jackson to 
Adams street, along the center of Adams to Joachim 
street, along the center of Joachim to Hunt street, along 
the center of Hunt to Eoyal street, along the center of 
Eoyal to one mile creek (Bayou Marmotte,) thence along 
one mile creek to Mobile river, thence along the river to 
the place of beginning. 

That within those limits no building shall be erected 
or constructed of wood, under penalty of fifteen dollars for 
each and every day that any person shall permit, or be con- 
cerned in erecting such wooden building. 

S 121. That the fire wardens shall examine the dwelling Duty of fire 

. _ _ .... wardens. 

houses and other buildings, in their resi^ective districts, m 
the months of May and November of each year, and oftener 
if they think proper. 

To ascertain violations of this ordinance, to examine the 
fire-places, hearths, chimneys, stoves and the pipes thereto, 
ovens, boilers, kettles, and everything which in their opin- 
ion may be dangerous in causing or promoting fire. 

And upon finding any of them defective or dangerous, 
either of them may direct the owner or occupant by written 
notice to alter, remove, or amend the same, in such manner 
and in such reasonable time, as either of them may deem 
necessary. 

To enter and examine all buildings, livery or other stables, 
hay boats, or vessels, and places where gunpowder, shavings, 
or other combustible materials may be lodged, and give 



118 ORDINANCES. 



Persons 
failins to 



such directions in writing, in the premises, as may be deemed 

necessary, relative to the moving thereof. 

And any person faihng to observe and obey the directions 
obey, fined, ^f ^|^g wavdcns, or either of them, shall be fined twenty-five 

dollars for each day that such neglect or refusal continues. 
Chimney to S 122. That the owner or occupant of every house in the 

be swept _ ^ x ^ 

monthly, city, sliall causc to be swept at least once a month every 
chimney where a fire is habitually kept, and if any chimney 
shall take fire through neglect of being properly swept or 

Penalty. clcancd, the occupant of the house having control of the 
chimney shall be fined five dollars. 

wooT &r § 1^^- l-'^^^ ^0 person shall have in his possession in the 

bies."'"''"^'' city, any coal, wood, pales, planks, staves, shingles, lumber 
or fuel of any description, combustibles, or materials that 
may occasion hazard, or danger of fire, unless the same 
shall be placed or secured in such situation and in such 
manner, as the mayor, or any one of the aldermen or 
common council shall consider safe, or secure from danger 
of fire. 

And any person failing to remove such articles, when 
directed to do so by the mayor or any one of the aldermen 
or common council, shall be fined twenty-five dollars, for 
each day of such neglect or failure. 

No firearm § 124. It is not lawful for any person to discharge any 

charsed in gun, pistol, fowling-piecc, or fire-arm, nor to let ofi", or dis- 
charge, any rocket, fire-cracker, squib, or other fireworks, in 
any street, court, yard, lot, walk, or public highway, or 
from the door of any house or building, or near any house 
or any inhabited part of the city, on any pretext, under a 

Penalty. penalty of five dollars, and if a slave fifteen lashes unless 
his employer pay the fine. 

Exception. rjij^jg scctiou shall uot extcud to military reviews. 

^)ais"o"r'"" § 125. It is not lawful for any person to carry or cause 

b^opcniy to be carried, in the streets, any burning coals, or brands^ 
unless the same be inclosed in a covered vessel, under 
penalty of five dollars. 



FREE NEGROES. 119 



ARTICLE m. 
An Ordinance to establish a Board to investigate the origin of Fires. 

§ 126. Be it ordained, That there shall he appomted vesujate*''" 
annually a board for the investigation of the origin of allfireT." ° 
fires in the city. 

To consist of one member of each of the boards of alder- 
men and common council, the chief engineer of the fire 
department, one member of the board of fire wardens, to 
be chosen by them, and three firemen to be chosen by the 
fire companies in such manner as they may determine. 

§ 127. That the said board shall make inquiry into and ^"''''^• 
investigate the origin of all fires, which may occur, and to 
report to the mayor the result of their investigations. 

That should their investigations warrant the belief, that 
the origin of any fire was not accidental, but proceeded 
from wanton or mahcious intent, or from an intent to de- 
fraud, and should individuals be designated with sufiicient 
grounds for suspicion of having so caused such fire, they Duty of 
shall report to the mayor, who shall take cognizance, as the 
case may warrant. 



CHAPTER XV. 

FKEE NEGROES. 

An Ordinance respecting Free Negroes. 

§ 128. Be it ordained, That every free negro resident g,'^f, ^'epon 
within the city, shall, on or before the first day of January *°*^™'^'°''- 
in every year, report himself to the mayor at his office, who 
shall cause to be registered the name, height, sex, and de- reg^tered." 
scription, the place where born, the time he may have resided 
in Mobile, and the precise location of his residence, in a 
book to be kept for that purpose, all of which particulars 
the said negro shall fully and truly state to the mayor. 

At the time of reporting himself he shall give bond with Bond. 



120 ORDINANCES. 



good security to keep the peace and to be of good behavior 
for twelve calendar months, and to save the city from any 
charge for his support, and for any \'iolation of this section 
he shall be fined fifty dollars. 



Failino 



give bond to And if he fail to give bond as before required, he shall 
ted. be committed to the city prison not exceeding four months, 

until he shall give such bond. 
Not to go at S 129. That no free negro shall goat large after the 

large after "^ O & O 

10 o'clock hour of ten o'clock at night, unless he shall have a special 

at night, un- o ; r 

less, &o. pass from the mayor, or any one of the aldermen or common 
council which shall not extend to after 12 o'clock at night, 
Penalty. under penalty of twenty-five dollars.* 

* Free colored mariners are required by section 1045 of the Code of Alabama to give a 
bond which may be in substance as follows : 

FORM OF FREE COLORED MARINERS' BOND. 
Section 1045 op thb Code. 

To he filed in the mayor'' s office of the city of Mobile. 

The State of Alabama, ^ 
CouNTT OF Mobile. ^ 

We, Brown Smith, Smith Brown, and Smith Jones, acknowledge ourselves to be indebted 
to the State of Alabama, in the sum of five thousand dollars, for the payment of which we 
bind ourselves, and our heirs, executors, administrators and assigns, jointly and severally 
by these presents. 

Signed with our hands and sealed this first day of June in the year of our Lord one thou- 
sand eight hundred and fifty seven. 

On the condition that if all free colored persons who were on the ship Wm. R. Hallett, 
now lying in the port (or bay) of Mobile, when said (ship) arrived in the bay of Mobile, 
shall remain on board the vessel, and not leave the same during the stay of the vessel in the 
waters of the State of Alabama, and upon its departure that such free colored persons shalj 
depart with the vessel, and that said vessel with such persons on board shall not come within 
three miles of the city of Mobile, nor within one mile of the shore of the State of Alabama 
except in passing out of the bay of Mobile, and that during the stay of the said vessel no 
communication shall be permitted between the free colored persons on board the vessel, and 
slaves or free persons of color within the State of Alabama, then this obligation to be null 
and void, otherwise to remain in force and effect. 

Witness : BROWN SMITH, [seal.] 

SMITH BROWN, [seal.] 
SMITH JONES, [seal.] 

David Cummins, 
Clerk. 



GAMING. HAWKING AND PEDDLING. 121 



CHAPTER XVI. 

GAMING. 

An Ordinance respecting Gaming. 

§ 130. Be it ordained, That no person shall play with no gaming 

T T ^ , c 1 ^ • with cards, 

cards or dice tor money, or at any laro bank or gaming &c. 
table, by whatever name, letter or figure the same may be 
known or called, nor at any game of chance for money or 
other valuable thing, nor bet or wager money or other valu- 
able thing on the side or hands of such as do game, with 
dice or cards or any faro bank, or at any gaming table, Penalty.^ 
under penalty of twenty-five dollars. 

§ 131. That if any person shall keep or exhibit any no gaming 
gaming table of any name or description whatever or any ^°^^ "^'^p'' 
faro bank, or bank for gaming of any kind, by whatever 
name it may be called, or be concerned therein directly or penalty. 
indirectly, he shall be fined fifty dollars. 

§ 132. That if any person who has a license to keep a Hotel, &e., 
boarding house, hotel or tavern, or to retail spirituous permit "° 
liquors, shall knowingly permit any gaming, prohibited in 
either of the two last sections in his premises, or any build- 
ing in his occupation, he shall be fined fifty dollars, and his Penalty. 
license shall be revoked. 



CHAPTER XVII. 
HAWKING AND PEDDLING. 

An Ordinance to regu'ate Hawking and Peddling. 

S 133. Be it ordained. That there shall be paid for eachHnwker and 

. «^ ' ^ peddler to be 

license to any hawker or peddler of any goods, wares or '■'tensed. 
merchandise in the city, one hundred dollars, which shall 
extend for the term of one year. 

Any person hawking or peddling any goods, wares or 



122 



ORDINANCES. 



merchandise without such license shall be fined fifty dollars, 
and if a slave is permitted, or suffered, to do so, his em- 
ployer, agent, or master, shall he fined fifty dollars. 

§ 134. That the hawking and peddling in the streets of 
the city of any meat, game, poultry, vegetables, or any 
other article usually sold, or vended, in the market, is pro- 
hibited under penalty of twenty dollars, except that this 
does not apply to persons who lease stalls in the public 
market, after 9 o'clock, A. M., during week days. 



Penalty. 

PedJliiis, 
&c., in the 
streets lor- 
bidden. 



Penalty. 
Proviso. 



CHAPTER XVIII. 
HEALTH. 

An Ordinance to secure Public Ilealtli. 

ARTICLE I. BOARD OF HEALTH. 
" II. DUTY OF CITIZENS. 

III. QUARANTINE. 



Board of 
health. 



ARTICLE I. BOARD OF HEALTH. 

§ 135. Be it ordained, That it shall be the duty of the 
board of health in the city of Mobile, organized and aj)- 
pointed, under the provisions of an Act of the legislature 
of the State of Alabama, incorporating the " Mobile 
Medical Society," jmssed December 21st, 1843, to prescribe 
and enforce such rules and regulations as in their opinion, 
. may conduce to the health of the city. 

To examine into any and all cases of malignant, infectious, 
pestilential, and epidemic diseases, which may originate in 
the city, and the cause thereof 

To enforce such measures as they may deem necessary to 
effect the removal of, or to check the same. 

To examine into all such nuisances as may tend to affect 
or endanger the health of the city. 



HEALTH. 123 

And to report weekly to the mayor, aldermen, and com- 
mon council of the city. 

§136. That if any person neglect or refuse to comply ^^';?':;'j^^^g- 
with the requisitions of the board of health, or shall pre- c^'rJ^p|"",4i'h 
vent any member of the board from examining the yards, b!-,ani,"io\e^ 
lots or out-houses of any person in which there is cause to ^"^^' 
believe that nuisances exist, he shallbe fined ten dollars. 



ARTICLE II. DUTY OF CITIZENS. 

§ 237. Be it ordained, That the owner or occupant of ^=',^'^''j:^*^^- 
every house, yard, stable, stall, lot of ground within the in- ^''^''"• 
habited parts of the city, shall keep the same clean, and 
shall not at any time suffer kitchen-stuff, oyster-shells, 
shavings, chips, dung, trash, or filthy matter of any kind, 
to remain upon his lot, grounds or property, under penalty ^''"^I'y- 
of ten dollars. 

§ 138. That the owner of every wharf shall keep the J*°p°j'^"^,'j'^J!'« 
docks or slips, to the distance of thirty feet on each side of 
the wharf, from end to end, cleared and free from logs, 
timber, brush-wood, sea-weeds, and every kind of filth or 
obstruction, under penalty of twenty dollars, and twenty 
dollars for every week that such neglect or failure may con- 
tinue. 

5 139. That all vessels, boats, barges, and other water certain ves- 

•^ . . ' . ^P'S' boats, 

craft, which may at any time contain stagnant water, or be ^"-^ f""j ^^ 

' •' '' n 7 removed. 

in any manner in any impure or unwholesome condition, 
about the wharfs or docks of the city, shall be removed to 
such place as the mayor may designate, under penalty of Penalty. 
fifty dollars. 

And in case that the person having control or charge of 
such vessel, boats, barges or craft shall neglect to remove 
it, to be cleansed or purified, it shall be removed or sold at 
the expense and risk of the owners. 

If sold it shall be at public auction, and five days' notice 
shall be given of the time and place of sale ; after paying 
expenses of the sale, the proceeds shall be paid into the 
city treasury, and if not claimed by the owner or his agent, 



124 ORDINANCES. 



within six months after the sale, shall be forfeited to the 
city. 
'^reVenuhe ^ ^"^^^ '^^-'^" ^^^^ majov shall be authorized to prevent 
hidei^lc." ^^^ landing from any vessel, boat or water craft, and the in- 
troduction in any way, Avithin the city, of all hides, peltry, 
coffee, salt provisions, or other damaged or infected 'articles, 
(which in the judgment of the board of health will en- 
''"''^^' danger the health of the city) under penalty of fifty dollars. 
Such may be That any such articles found in the city shall be imme- 
diately removed out ot the city, by the person in whose pos- 
session such article is found, under penalty of fifty dollars. 
mlTs '&c § 141. That it is not lawful for any person to leave any 

n^^ttobe dead animal, or carrion, or any filth, putrid or putrescent 
matter, in any place in the city (except on the ground to 
be designated by the mayor from time to time) under 
Penalty. penalty of twenty-five dollars. 

l\tchlT § 142. That no slaughter or butcher-house, or pen, shall 
cfty.'" ' ^ be established or carried on in the city, under penalty ol 
Penalty. twcuty-five dollars, and twenty-five dollars for every day it 

shall remain. 
be"dug?&c.° § 143. That it is not lawful for any person to excavate 
or dig the earth from any lot or parcel of ground in the 
city in such a manner as may cause water to remain therein, 
Penalty. uudcr penalty of twenty dollars. 

Trash, filth, § 144. That the owner or occupant of every house, store, 
deposited on stable or other tenement, or any lot, yard, or inclosure, 
Thursday, shall ou Tucsday, Thursday and Saturday in each week, 

and Satur- '" '' i i • t • 

day. between the hours of five and eight o'clock m the mornmg, 

collect and deposit in .front of their property, and as near 
thereto as may be, in a tub, baiTel or other vessel, all trash, 
filth, shells, manure, or other putrid or putrescent matter 

Penalty. that may have accumulated therein, under penalty of five 
dollars. 

Power of § 145. That when in the opinion of the mayor, aldermen 

cij au ion ^^^^ common council, any lot or piece of ground in the city, 
should be filled up, cleansed or purified. 

Or when any of the sections of this article shall be 
violated or disregarded, 

The mayor may if necessary to the enforcement of this 



HEALTH. 

article, cause its provisions to be complied witli, at the 
expense of the delinquent. 

That if the delinquent fails to pay the amount so incur- 
red within three days after the payment hy the city, he 
shall be fined fifty dollars for each day that he fails or 
neglects to do so. 



125 



ARTICLE III. QUARANTINE. 



uarantme 
be eu- 



§ 146. Be it ordained, That there shall be established }^^ 
a strict system of quarantine, to be enforced against all ves- '°''°'''^' 
sels arriving in the bay of Mobile, from any port or place 
where " yellow," "malignant," or "pestilential" or "infec- 
tious " fever, or other infectious or dangerous disease is pre- 
vailing. 

Or having any person on board suffering from such 
disease. 

That this article shall only be in force when so pro- 
claimed from time to time by the mayor, with the advice of 
the board of health, and every proclamation shall define the 
length of time that it shall continue in force. 

§ 147. That the convention shall elect a quarantine phy- ^e''eTeoted.*° 
sician who shall proceed at once to the execution of his 
duties. He shall receive a salary of six hundred dollars 
per month. 

That such attendants and employees as may be required 
at the station, shall be employed and appointed by the 
mayor. 

S 148. That it shall be the duty of the physician to Duties of 

. . physician. 

attend at the quarantine station. 

To board all vessels entering the bay or harbor of Mobile. 

To fully examine into the condition of the vessel and 
cargo and the health of all persons therein. 

To examine as many or such persons on board under oath, 
to learn and obtain any facts that he may deem essential 
and necessary. 

To detain all vessels coming from any infected port or 
place, or that has any case of disease described in the first 



126 ORDINANCES. 



section of this article, on board, the cargo, and every per- 
son on board, for any length of time that he may deem neces- 
sary or expedient. 

To direct such measures to be taken as may be necessary 
to purify the vessel, and supervise the same at the expense 
of the captain, owner or consignee of the vessel. 

To direct the discharge of any cargo, or portion thereof, 
and supervise the same, at the expense of the captain, 
owner or consignee of the vessel. 

To remove any person from any vessel who may be sick 
of any malignant or infectious fever or disease to the quar- 
antine hospital, and it shall be his duty to give his profes- 
sional services to said person. 

To sign all permits for vessels and jDersons to pass the 
quarantine, 

And all discharges for vessels or persons leaving the quar- 
antine, without which no vessel or persons shall be permitted 
to leave or pass the quarantine station. 

And any person violating any of the quarantine regula- 
tions, he, or the owner and captain, together with the 
vessel to which he may belong, or be a passenger, shall be 
fined not less than fifty dollars. 
Duties of § 149. That it is the duty of every person acting as a 
pi ot, &c. pjJQi;^ Qp revenue, or boarding officer, of the custom house, 
to deliver to the officer in charge of every vessel, coming into 
the bay of Mobile, a copy of these regulations, or so much 
as may be wanted for the use of the vessel, of which the 
mayor shall have a sufficient number of copies printed. 

During the existence of the quarantine, all pilots and 
other persons having charge of vessels, entering the bay of 
Mobile, shall bring such vessels to anchor at the quarantine 
station, and no vessel shall leave such anchorage until it 
shall have been boarded by the quarantine physician and 
shall have received permission from him to do so. 
Penalty. Evcry pilot or other person violating this section shall be 

fined fifty dollars. 

§ 150. That all persons who may receive medical treat- 



Persong rn- 
ccivinsmed- 



a'irce'''simi'i' mcut uudcr this ordinance, shall pay for the use of the city, 
jay $5 per £^g dollars for each day of such treatment. 



HEALTH. 127 



And where the persons so treated shall be unable to pay ^]| g" p"X", 
the charge, the captain, owner or consignee of the vessel to cm"s'i^e°/ 
which he may belong, shall pay the same. ^ ^ ''^^" 

S 151, That the provisions of this article shall not apply Not apply to 

<J J^ . New Orleans 

to New Orleans and Mobile mail line steamers, but it shall ™^'' ''n*^- 

, . . Duty of offi- 

be the duty of the captam or clerk or person havnig m oers of n. o. 

'' ■'- . steamers. 

charge of each one of these steamers, to furnish the quaran- 
tine physician with a certificate of health of every person 
on board, each time that one of these steamers may enter 
the bay of Mobile. 

For this purpose the steamer shall be brought to anchor 
as near the quarantine station as it is practicable, and there 
remain until examined by the quarantine physician. 

If any person on board of either of these steamers be sick, 
it shall be the duty of the person having charge of such 
steamers to inform the quarantine physician of the fact. 

If on examination such person is found to be sick with 
the yellow fever or any malignant, pestilential or infectious 
disease, he shall be conveyed to the quarantine station. 

If any person is taken sick on one of these steamers, after 
having left the quarantine station, and before arriving at 
the wharf at Mobile, it shall be the duty of the captain, 
clerk, or person having charge of the steamer, to report it 
to some member of the board of health, or the mayor of the 
city, and it shall not be lawful for such person to leave the 
steamer until he shall have been examined by a member of 
the board of health. 

If it be found that such person is suffering from an attack 
of yellow fever, or any malignant, pestilential or infectious 
disease, he shall not be landed from the steamer, but it shall 
be the luty of the person in charge of the steamer, to con- 
vey the patient to the quarantine hospital on the same day, 
or to convey him to New Orleans on the return steamer. 

The New Orleans and mail line company shall be liable 
for all fees accruing for attendance on any person carried 
from any one of their steamers to the quarantine hospital, 
where such person does not pay the same. 

Any violation or disregard of any of the provisions of this 
article shall be punished by a fine of fifty dollars. 



128 ORDINANCES. 



Meaningof R 152. The worcl vesscl wherever used in this ordinance, 

'■ vessel. " ' 

shall extend to boats, steamers, and water crafts of every 
description. 
No vessel to K 153 That no vessel shall take on or discharsre the 

take, or dis- "J O 

go'^^uniess *^^^o'0 *^^ ^^7 vessel at quarantine, without a written permit 
Penalty. fi'oni the quarantine physician, under penalty of fifty dol- 
lars, on the owner, consignee, or j^erson in charge, 
boa^d'or'^ § 154. That the mayor and board of health, when the 
?emove'"vL P^^l^Hc health may require it, may order any vessel at the 
antlne.*^"^'^ wharves of the city, or in the vicinity thereof, to the quar- 
antine station, and may require all persons, articles, or 
goods, introduced into the city from such vessels, to be 
seized, returned on board, or removed to the quarantine 
station. 

If the owner, master, consignee, or person having charge 
of such vessel, fails or neglects to obey such requirements, 
^'"'"^'- each of them shall be fined fifty dollars and fifty dollars for 
each day after. 

And if he cannot be found, or if he neglects and fails to 

remove the vessel, the mayor and the board of health shall 

have power to cause such removal at the expense of the 

vessel. 

Extends to This Ordinance applies to vessels lyinff at anchor in the 

vessels in ^ ^ ^ o 

the bay. "(jg^y Qf Mobilc and not performing quarantine. 



h^rbOTmas- § ^^S. That the harbor master and port wardens of 
wardens^'' Mobilc, shall uotify the mayor or city marshal in writing 
of every infraction of this article that shall come to their 
knowledge. 

And it shall be their duty to see that in every instance, 
vessels arriving at the wharves of the city shall have a pro- 
per permit sii>;ned by the quarantine physician, giving him 
liberty to pass the quarantine station. 

Any vessel failing to have such a jjermit, shall not be 
allowed to remain at, or in the vicinity of the wharf, but 
shall at once be ordered to the quarantine station, as pro- 
vided for in section 9 of this article. 

The harbor master or jtort wardens, failing to give pron pt 
Penalty. uoticc of any violation of this section, shall be fined fifty 
dollars. 



HEALTH. 129 

§ 156. Quarantine rules and regulations for the port of 
Mobile : 

KuLE I. The quarantine station shall be the anchorage station. 
immediately in the vicinity of the present bethel ship in the 
bay of Mobile. 

KuLE 11. The quarantine physician shall in every Length of 
instance determine the length of time that a vessel shall ™i'n in- 
remain at quarantine, and the time that all persons on 
board such vessels shall remain in quarantine. 

EuLE III. It shall be the duty of the pilots or other ^.^^y ^f 
persons, bringing a vessel into the bay of Mobile, to hoist p''°'^' 
a flag at half-mast at the fore until the vessel has been 
visited by the quarantine physician. 

EuLE IV. No person shall leave a vessel nor visit a Not to leava 
vessel at quarantine, without a written permit to do so, by oufpermit!' 
the quarantine physician. 

EuLE V. The quarantine physician shall make a monthly Jtonihiy re- 
report, on the first day of every month, to the city author- sician. 
ities, of the number and class of vessels quarantined. 

The number of patients treated at the quarantine hos- 
pital, 

The amount of fees collected, and all other information 
connected with the station, as may be necessary and proper. 

EuLE VI. All vessels at quarantine, shall keep a flag ^^^ ^ 
at half-mast at the main, durina; the day, and a lantern in '•■"pt 'j^t h^if- 

■ o J 7 irnst by ves- 

the same position at night. antin".''"" 

EuLE VII. Any violation of these rules and reo-ulations „ , 

•' *= Penalty. 

shall be punished by a fine of fifty dollars. 



130 ORDINANCES. 



CHAPTER XIX. 

HOSPITALS. 

An Ordinance for the regulation of Hospitals. 

ARTICLE I. CITY HOSPITAL ESTABLISHED. 

" II. OFFICERS AND DUTIES. 

'■' III. REGULATIONS. 

" IV. PRIVATE HOSPITALS. 



committee. 



ARTICLE I. CITY HOSPITAL ESTABLISHED. 

cuy hospi- g 257_ ^g -^ Q^.f-iained, That tlie buildinos and premises 
bounded on the south by St. Anthony, east by Jefferson, 
and west by Broad streets in the city of Mobile, are estab- 
lished as the " City Hospital." 

Hospitni S 158. That there shall annuallv be appointed by the 

committee. '^ . ^ i j. J 

president of the board of aldermen, three members of the 
board ; by the president of the common council, two mem- 
bers of the board ; who with the mayor shall be a com- 
mittee for the government of the city hospital. 
dXToT'^ § 1'5^- That this committee shall have a general superin- 
tendence of the hospital, and shall prescribe such rules for 
its government, as they may deem proper, with the consent 
of the ma,yor, aldermen and common council. 

They shall make regular visits to the hospital, at least 
once in each week. 

They shall make monthly reports of its condition, receijits 
and expenditures, to the boards of aldermen and common 
council. 

They shall have the exclusive privilege of admitting 
patients into the hospital. 

They shall approve all contracts made with persons 
employed therein, as students, nurses, cooks, laborers, and 
for all articles of food, raiment, medicines, and fuel, neces- 
sary for the use and maintenance of the hospital. 



HOSPITALS. 131 



§160. That whenever the committee shall apply forJ^^^*„\«y 
money to be expended for the use of the hospital, they shall state uio ob- 
distinctly set forth the object for which such money is^'^°'' 
asked, excepting salaries to those officers elected by the 
city. 



ARTICLE II. OFFICERS AND DUTIES. 

S 161. Be it ordained. That on the first Monday in piiysician 

i> ' •' and surgeon 

March, 1856, and biennially thereafter, there shall be «'«'=''^'i- 
elected in convention, a physician and surgeon of the hos- 
pital, who shall give bond in the sum of 
dollars, and receive a salary of per annum. 

§ 162. That it shall be his duty to visit said hospital Duty of phy- 
twice in each day, and oftener, if necessary, and to admin- 
ister to the sick therein. 

To see that the stewards, students and nurses faithfully 
perform their resj)ective duties and promptly to report any 
dereliction therein to the hosj)ital committee to be laid be- 
fore the boards of aldermen and common council, who may 
take such action as they deem necessary. 

To report quarterly to the mayor, aldermen and common xo report 
council the number, situation and condition of the patients 'i"'^"'"" >'• 
in the hospital, together with such other information as 
may be deemed necessary or important. When a case or 
cases of small-pox shall be presented for treatment, he shall smaii-pox. 
attend such patient at the pest-house, provided by the city 
for the treatment of such diseases. For which services he 
shall receive such remuneration as may be deemed proper 
by the city authorities. 

§ 163. That the hosj^ital physician shall appoint, with two stu- 
the approval of the hospital committee, two students of Lppohited.^' 
medicine, who shall boai'd and lodge in the hospital, and 
give bond in the sum of five hundred dollars, whose duty it 
shall be. 

To act as, and perform the duties of apothecary. 

To prepare and administer all prescrijjtions of the physi- 
cian and suro;eon. 



132 ORDINANCES. 



elected. 



And to perforin such other duties as may be prescribed 
for them by tlie physician and surgeon, for the comfort and 
well-being of the patients. 

No student shall be appointed for a longer or shorter 
term than one year, 

But he is eligible for re-appointment. 
sreward § 1G4. That at the same time that the physician is elect- 

ed, there shall be elected by the convention, a " steward" 
of the hospital, who shall give bond in the sum of 

dollars, and receive a salary of 
dollars, and shall board and lodge in the hospital. He 
shall also have the privilege to board and lodge his wife 
and minor children in the hospital. 

§ 165. It is his duty to superintend the duties of the 
nurses, cooks, servants and laborers ; to see that the direc- 
tions of the physician and surgeon are faithfully and pro- 
perly executed ; and to attend to such other duties as the 
physician may prescribe to him. 

He shall enter in a bound book to be kept by him for that 
purpose, the names of the patients admitted into the hos- 
pital, their age, place of birth, occupation, date of admis- 
sion, their disease, and the date of their discharge, or 
death : which book shall at all times be subject to the 
inspection of the mayor, or any of the aldermen or common 
council ; and shall remain in the hospital as a book of 
record and reference. 

He shall enter in a book kept for that purpose, an inven- 
tory of all articles of furniture, bedding, clothing, utensils 
and all other property belonging to, or purchased for the 
hospital, which book shall be examined quarterly by the 
hospital committee. 

All articles reported as worn out or useless, must be 
inspected by the committee before they are condemned or 
destroyed. 

He shall collect all amounts due to the hospital by pay- 
ing patients, and pay the same over to the city treasurer, 
accompanying the payment with a report of the names of 
such patients, the number of days of treatment, &c. 

He shall enter in a book kept for that purpose, the name 



HOSPITALS. 133 



of every pauper patient, the date of liis entry in the hos- 
pital, the date of his commencement to labor ; and he shall 
nightly credit him with the amount of labor performed, 
and the proceeds thereof 

He shall keep a correct account of all moneys, clothing 
and effects, that any patient may have in his possession 
when admitted into the hospital, and enter them in a book 
kept for that purpose, subject to the inspection of the mayor, 
or any of the aldermen or common council, and in case of 
the death of such patient, the money, effects, &c., shall be 
disposed of according to law, under the direction of the 
hospital committee. 

He shall furnish such articles of bedding, clothing, food, 
medicines, furniture and cooking utensils, on a requisition 
made by the mayor or chairman of the hospital committee, 
as may be needed for the comfort, necessities and well- 
being of the patients, that may be sent to the pest-house. 

He shall also secure the services of such nurses and ser- 
vants as may be needed, and make such contracts with them 
as may be approved by the mayor or chairman of the hospital 
committee. 



ARTICLE III. REGULATIONS. 

§ 166. Be it ordained, That all pauper applicants for Paupers ap- 
admission into the hospital, shall present to the steward a 
permit signed by the mayor or any one of the hospital com- 
mittee. 

• Paying patients shall present a like permit, stating who Ji"-;|s|^'^i".. 
will be responsible for fees incurred. ^"^• 

These permits shall be regularly filed and remain on 
record. 

§ 167. That when pauper patients are convalescent, they paupera. 
shall do and perform such work and labor as may be deemed 
proper by the hospital committee, and for such time as will 
pay for their treatment, at the rate of one dollar for each 
day. 



134 



ORDINANCES. 



Paying 

tients. 



Pest housa 
charges. 



§ 168. That all paying patients shall be charged two 
dollars for each daj^ that they remain inmates of the hos- 
pital. 

That slaves shall be charged as paying jjatients. 

§ 169. That when private or paying patients may be 
sent to the pest-house, such patient shall be charged five 
dollars for each day that he may be under treatment at that 
place. ■•'•■ 



ARTICLE IV. PRIVATE HOSPITALS. 



How estab- 
lished. 



Mayor and 
committee 
to liavc tac- 
ecss at all 
times. 



§ 170. Be it ordained, That it shall not be lawful for 
any person to establish or have in use or operation in the 
city, any hospital or infirmary for the cure of diseases, 
unless they shall have obtained the consent in writing of a 
majority of the citizens living on the squares immediately 
adjoining, and the square on which such hospital or infirm- 
ary is proposed to be kept or established, and the consent 
of the mayor, and boards of aldermen and common council 
and the recommendation of the board of health, under pen- 
alty of fifty dollars, and twenty-five dollars for each day it 
is continued. 

That the mayor and the hospital committee shall have 
free access at any and all times to such hospitals or infirm- 
aries. 



* An Ordinance to amend an Ordinance entitled an Ordinance to provide for the government 
of the City Hospital. (Adopted since Code.) 
Be il ordained, Tliat in case of private or paying patients being sent to the pest liouse, 
the surgeon or steward of tlio city hospital, sh.all bolbro receiving the patient, retiiiirc of 
the applicant a receipt from the city treasurer, showing that the sum of one hundred dollars 
has been deposited in the city treasury to secure llio payment of such charges as are 
required in Section 13 of the ordinance alluded to above. 



HOUSES — PUBLIC. - 135 



CHAPTER XX. 

HOUSES— PUBLIC. 

An Ordinance lo regulate and license Inns, Public Houses, &c. 

S 171. Be it ordained. That no person shall retail orTobeiicens- 

•^ _ _ •■- _ _ _ ed for one 

sell in qimntities less than one quart at one time, any spirit- y<^."r'°'et'-iii 

J- •■- ] ^1 i. spirituous 01 

nous or vinous liquors in the city, unless a license shall ^™'^^ ''" 
have been granted by the mayor, to do so for one year, 
setting forth the location of the house or place in the city, 
and the name of the person to vvhom such license shall 
issue. For any other place or person it shall be of no 
validity. 

That two hundred dollars shall be paid to the city trea- Amount. 
surer for such license. That a license may issue to retail in 
the saloons of the Mobile theater for the term of six 
months, on payment of one hundred and tv/enty-five dollars 
to the city treasurer. 

That no person shall sell any vinous -or spirituous liquors, Not to sen 

. .-^ '' , -*■ ^ . ^ more tlinn a 

in quantities larger than a quart, if the same be drank on 'p-irt to i;o 

-■- " ^ ■' drani; on the 

the premises of the seller. premises. 

That no person shall sell any unwholesome or adulter- Not to seii 

■•-_■• _ _ " adulterated 

ated drink, vinous or spiritous liquors. '''''"'^• 

S 172. That no person shall keep a tavern unless he„ , , 

O Jr 1 Tavern to be 

shall have a license therefor, for which he shall pa}^ twenty- BolRUn'-'- 
iive dollars. Nor a boarding-house, coffee-house or any cXe-house 
other house of entertainment, restaurant or eating-house, Entinsj 
unless he shall have a license therefor, for which he shall '°"^'^' 
pay the amount assessed by the city assessor. 

§ 173. That it shall be the duty of every person having Keeper to 
a license and carrying on business under it, to conduct him- Mms^ff 
self, and to see that those he may entertain shall conduct prevent 'dis- 
theraselves in an orderly manner on his premises, and to 
prevent all persons who may be there after ten o'clock at 
night, from disturbing by cries, noise, songs, or otherwise, 
the peace or tranquilhty of any of the neighbors. 



136 ORDINANCES. 



That he shall not permit any disorderly conduct nor riot- 
ous conduct on his premises. Any person violating the 
Penalty. provisious of this chapter, shall be fined fifty dollars, and 
fifty dollars for each day that such violation shall continue ; 
and the mayor may annul and revoke the license of such 
person, if in his judgment it should be done. 



CPIAPTER XXI 
INSPECTION. 



An Ordinance to provide for the Inspection of Haj-, Lumber, Wood, Work, 
and Weights and Measures. 



ARTICLE I. INSPECTION OF HAY. 

" II. " " LIQUIDS. 



LUMBER. 

FIRE WOOD. 

WEIGHTS AND MEASURES. 

WORK CO.MMITTEE OF MASTER MECHANICS. 



ARTICLE I, 

An Ordinance to provide for the Inspection of Hay. 

Inspector § 174. Be it ordttined, That there shall be elected an- 
eiected. nually iu convention an inspector of hay, who shall give 

bond in the sum of dollars. 

Hay shall be § 175. That cvcry bale of hay sold in tliis city shall bc 

weighed by the inspector, who shall receive ten cents for 

every bale weighed, to be paid by the seller, under penalty 

of five dollars for each bale. 
weiite'fn a § 176. It shall be the duty of the inspector to keep a 
gTve k"c"ni- book, in which he shall enter the weight of every bale 
fi"'"'^- weighed by him, and he shall give a certificate of the 

weight of each bale, for whom weighed, the marks, and 

the date when weighed, 
sh.aiimake S 177. The inspcctor shall make a fair deduction from 

fair deduc- . • i i • /• t 

'ion the gross weight of every bale weighed by him, for the 

wood and bandages used in putting up or securing the bales. 



INSPECTION. 137 



And shall mark only the net^weight| onl each bale, ^^f'^™^^^. 



which shall be done with good black ink or paint. 



ARTICLE II. GAUGER CITY. 

An Ordinance to create a Citj- Ganger. 

§ 178. Be it ordained, That there shall be elected an- city gauger 
nually in convention a city gauger, who shall give bond in 
the sum of one thousand dollars. 

§ 179. It shall be his duty to gauge and prove all Duties. 
liquids imported into the city for sale. 

That he shall brand his name upon each cask, barrel, or 
vessel inspected by him, with the contents of each. And 
of spirituous liquors the proof of the same, of which he 
shall keep a record, open to inspection, and grant certifi- 
cates when required. 

§ 180. That he shall receive. 
For proving and gauging for each barrel, - - 4 cents. j.ggg_ 
" " " " " " half-pipe, - 10 cents. 

" " " " " " pipe and hh'd, 15 cents. 

§ 181. That all persons receiving liquids required bypg^sons 
this ordinance to be inspected, shall report the same to the to him!^°'' 
city gauger, at the place designated by him as his office, 
under penalty of ten dollars. 



ARTICLE III. 

An Ordinance to provide for the Inspection of Lumbef. 

S 182. Be it ordained. That there shall be elected an- 

" _ _ \ Inspector 

nually in convention, an inspector of lumber, who shall «'^="=<^- 
give bond in the sum of dollars. 

S 183. That he shall perform the same duties in the 

_ " _ ■•■ Duties. 

city, and be subject to the same penalties as the inspectors 
of lumber are liable to under the statutes of Alabama, 
and shall receive the same fees for his services. ppp. 



138 ORDINANCES. 



ARTICLE IV. 

An Ordinance to provide for the Inspection of Fire Wood. 
Inspector of ff -[g^. ^g {f ordained. That there shall be elected an- 

wooQ elected '^ ' 

niially by the convention, two inspectors of wood, who 

shall give bond in the sum of dollars, 
each. 

All fire wood c 285. That all fire wood brought into the city, or ex- 

snall be m- >J o J J 

spected. posed for sale, shall, before it is sold, be ins2:)ected and 

measured by the insjiector, or his deputy. 
Dimensions. rpj^^^ ^j^g g^-^ ^^.g ^^^^ ^^^^^ be full four feet in length, 

and a cord shall be four feet four inches high, and eight 
feet long — in cording, it shall be piled in a neat and com- 
pact manner. 

shon"eject- That all unsound and short wood shall be rejected, all 
large and straight wood shall be placed at the bottom and 
the small and crooked wood at the top of the pile. 

Deficiencies, All dcficicnces in measure caused by crooked wood shall 

how supplied 

be supplied, under the direction of the inspector. 
Unsound and That all short and unsound wood shall be forfeited to the 

snort wood 
forfeited to 
use of city 



use of the city hospital, and shall be sent by the inspector 
hospital. immediately upon such forfeiture, to the city hosj^ital, and 

he shall inform the steward thereof on the same day. 
Drays and § 186. The iuspector shall cause all drays and carts that 
arranged^ may bc employed in carrying wood, to be jjrovided with 

side stakes or other fixtures ; on which shall be marked 
No more " ouc- third of a cord of wood," and no cart or dray drawn 

than /3 of a _ "^ ^ 

cord to be jjy one horsc shall be permitted to carry more than one-third 

earned on a '' ■■■ '' 

''■^^y- of a cord of wood at a load. 

§ 187. That it shall be the duty of all persons selling 
wood in the city, to cause posts to be set up to contain be- 
tween them one-third of a cord of wood, one-half, and one 
cord, under the direction of the inspector. 

And the posts shall be so marked that any person may 
see the quantity of wood purchased by him. 
Shall keep S 188. That each inspector shall keep an office where he 

office. "^ ^ 11/. 

may be found and at which orders may be left. 
aocouuT^ He shall keep an accurate account of all the wood] 



r 



INSPECTION. 139 



not 
deal in wood. 



spected and measured, and the forfeitures that may accrue, 
and report the same to the mayor, aldermen and common 
council on the first day of January, Ajjril, July, and 
October. 

He shall not deal in fire wood, nor purchase it, nor shall f^^^^ 
any person deal with or sell to him except for his domestic 
use. 

He shall receive ten cents for each cord, for inspecting ^^^^ 
and measuring in one pile, where the quantity is less than 
ten cords. For every cord over ten cords, eight cents, and 
for every smaller quantity than one cord ten cents, which 
shall be paid by the seller. 

He shall mark conspicuously on the end of a stick on shaii mark. 
each parcel or pile of wood the quantity each parcel or jaile 
contains and the date of the inspection. .; 

§ 189. Any violation of this article shall be punished by Penalty. 
fine of fifty dollars. 



ARTICLE V. 

An Ordinance to provide for the Inspection of Weights and Measures. 

§ 190. Be it ordained, That there shall be annually inspector 
elected in convention an inspector of weights and measui'es, "^ ®° ® • 
who shall give bond in the sum of 
dollars. 

§ 191. It is his duty as soon after his election as is prac- Duties. 
ticable to call on every person in the city who may have 
scales or weights or measures of any description, to be used 
in the purchase or sale of goods or merchandise in the city. 

He shall inspect them by the city standard of weights 
and measures, and if found to be correct and stamped by 
any former inspector, to give a certificate for the same, for 
which he shall receive one dollar from the owner. 

That if he find the beams or patent balances or scales 
of any description, or weights or measures, or any portion 
of the same used by any person for the purchase or sale of 
goods or merchandise, to be incorrect, by the city standard, 



140 ORDINANCES. 



he shall correct them at the expense of the owner, and seal 
them with the city seal, for which he shall receive from the 
person owning or using them, for every beam, patent balance 
or scale of any description weighing 450 lbs. and upwards 
one dollar, 

And fifty cents for those of lesser weight. 

And five cents for every weight or measure. 

§ 192. That as often as once in every six months, in ad- 
dition to the annual inspection, and whenever in his opinion 
or that of the mayor, it shall be his duty to inspect all such 
balances, scales, beams, weights and measures, free of ex- 
pense, unless they are found to be incorrect, when he shall 
receive fees as before. 

Upon any information being lodged with him that any 
person has sold by weight or measure any commodity which 
has proved to be of short weight or measure, he shall in- 
spect the balances, beam, scale, weights, and measures of 
the person informed against, and if any of them are found 
to be incorrect they shall be seized and forfeited to the city. 

That he shall rejjort to the mayor, aldermen and common 
council all balances, beams, scales, and weights and measures 
Penalty. Hablc to scizurc, and forfeited to the city, and all persons 
liable to penalties by this article. 

Penalty. ^^^ ^^^' ^^J '^'iolatiou of this article he shall be fined 

fifty dollars. 
Any person S 193. That if auv persou shall refuse to produce his 

refusmgto " "^ ^ ^ 

presenting balauccs, bcams, scales, and weights and measures, to be 

scales, &c. J 7 7 & 7 

inspected, or shall prevent the inspector from discharging 
his duty, or shall have sold or knowingly bought any mer- 
chandise by any imperfect balance, beam, scale or weight or 
Penalty. mcasure, he shall be fined fifty dollars. 



ARTICLE VI. 
All Ordinance to provide for Inspection of Work done on Building. 

m''echrn'ic87o § 194. Be it Ordained, That there shall be annually 
elected in convention four master mechanics who shall be 



INSPECTION. 141 



called "the committee of the mechanics in the city of 
Mobile." 

§ 195. When any difference shall arise between persons ^"'^"s- 
interested in any work done to or on any building within 
the city of Mobile^ concerning the said work, the said dif- 
ference shall be at the suggestion of either of the parties 
interested — referred to the said committee of master me- 
chanics, in manner and form hereinafter provided. 

§ 196. That any person or persons wishing to avail him- Persons 
self or themselves of the privilege of this ordinance, shall serviceslo 

. T . 1 T (Y, S"^ notice. 

give notice m writing to said committee, that a dinerence 
has arisen between himself or themselves and other or 
others, touching the quantity of work done or the quality 
thereof, as the case may be, on any building or buildings, 
describing the same ; whereupon it shall be the" duty of the ^"'f^gg^^^""^' 
said committee, or a majority of them, to give private ™'''' "°'^°^' 
notice in writing, to all parties interested, if the same be 
practicable ; and if not practicable, public notice in some 
newspaper printed in the city of Mobile, that they intend, 
at a certain time and place, to be mentioned in said notice, 
the time being not less than two, nor more than ten days, 
from the service or appearance of the said notice, to pro- 
ceed to measure the quantity, or estimate the quality as 
the case may be, of such work ; and at the same time and shaii mea- 
place so ap})ointed, the said committee, or a majority thereof, ami give 
shall proceed to measure and estimate as aforesaid ; and certificate. 
shall thereupon give to the party at whose instance the 
same was done, and to such others as may require it, a cer- 
tificate, setting forth their doings in the premises ; and the 
said certificate, under the proper hands and seals of the said certificate 
committee, or a majority of them, shall be held and deemed e'vid'ence. 
in any court in this State, evidence as to the quantity or 
quality of work in question ; and also to any notice required 
by this ordinance : Provided, That nothing contained in 
this ordinance shall prevent any person or persons who may 
feel him or themselves aggrieved by any such survey, from Party 
the right of appeal. maTapp'^eai. 

§ 197. That with regard to the quality of any work 



142 ORDINANCES. 



done as aforesaid, the said committee shall, when it shall 
seem to them or a majority of them, that the same has not 
we'iuione to hcen done in a workmanlike manner, barely certify the per 
centage^'^'^ centagc that shall be deducted in consequence thereof 

§ 198. That any vacancy or vacancies which may occur 
by death, resignation absence or removal, shall be supplied 

"Vficnnciss 

how filled.' by the mayor, aldermen and common council aforesaid, and 
Sixty days' that a contiuued absence from the city of Mobile sixty days, 
vacate seat, shall forfeit membership, which absence shall be certified to 
the clerk of the city of Mobile. 

§ 199. That the said committee shall be entitled to re- 
ceive the following rate of per centage as a compensation 
for theu- services, viz : 
For measuring and estimating all sums of five 

hundred dollars, and under, ------ 5 per ct. 

Pees. Qf QQQ thousand and over five hundred - - - 3 " " 

Of five " " " one thousand - - - 1 " " 



Of ten " " " five thousand - - - f " " 

Of fifteen " " " ten " _ _ _ ^ " " 

Of twenty " " " fifteen " _ _ _ | " " 

And all sums under twenty thousand - - - ^ " " 
How suit Which compensation the said parties in the said work 

brought. JT r 

shall pay share and share alike. 

§ 200. That all suits brought by the said committee for 
the recovery of fees, shall be in the name of the committee 
of the mechanics of the city of Mobile. 
ente'ring^on § 201. That cvcry mcmbcr of the said committee shall, 
before he enters upon the discharge of the duties of his 
ofiice, take and subscribe an oath faithfully and impartially 
to discharge the duties of his office, so long as he may 
continue thereon ; which oath shall be filed in the office of 
the clerk of the city of Mobile. 



duties. 



JURORS. KITES. — VACANT LOTS. 143 



CHAPTER XXII. 
JURORS. 

An Ordinance to punish Defaulting Jurors. 

S 202. Be it ordained. That every person summoned by Juror failing 
tne authority of the mayor, aldermen or common council fined $io. 
to attend as a juror for any purpose authorized by the laws 
and ordinances of the city, who shall fail to attend within 
the time and at the place specified in the summons, shall 
be fined ten dollars. 



CHAPTER XXIII. 

KITES. 

An Ordinance to prevent the Flying of Kites. 



§203. Be it ordained, That it shall not be lawful for iiniawfui to 
y person to fly any 
penalty of five dollars. 



any person to fly any kite in the city of Mobile, under 



CHAPTER XXIV. 
VACANT LOTS. 

An Ordinance respecting Vacant Lots. 

§ 204. Be it ordained, That all persons owning or pos-^o be fenced 
sessing lots that are vacant in the city, shall fence them 
with a good and substantial rail or board fence, and shall 
cleanse and clear them off whenever so directed by the city when^^*^ 
authorities, of which ten days' notice shall be given in time '^"''*°'®'^- 
of health, under penalty of five dollars, and five dollars for '^"^ ^" 
every day the neglect or refusal continues. 

§ 205. That where no owner, possessor or agent can be 
found, the same proceeding; shall be had as are provided in "^ner is 

' _ •■- _ " _ ■■- unknown. 

the ordinance relating to making and repairing side- walks. 



144 ORDINANCES. 



CHAPTER XXV. 

MARKETS. 

An Ordinance to establish and regulate Markets. 

ARTICLE I. MARKET ESTABLISHED. 

" II. RENTING AND ALLOTMENT OF STALLS. 

" III. ELECTION OF, AND DUTIES OF CLERK OF THE MARKET. 

" IV. REGULATIONS. 



ARTICLE I. MARKET ESTABLISHED. 



An Ordinance to establish Markets. 



Established. § 206. Bc it ordttined, That the three market buildings 
erected in the city are established as public markets. 

Southern That located on the square bounded by Koyal, Church, 

Water, and Government streets, shall be called the 
" Southern Market." 

Dauphin That located at the intersection of Dauphin street, Spring 

street mar- -■- . 

ket. jjiii Koad, and Wilkinson street, shall be called " Dauphin 

street Market." 
Ann street That locatcd at the intersection of Spring Hill and Three 
market. ^jj^ q^^^^^ q^,^^-^ ^^^^^^ ^^^^^l be Called the " Ann street 

Market." 



ARTICLE II. RENTING AND ALLOTMENT OF STALLS. 

An Ordinance to provide for the Renting and Allotment of Stalls in the 

Markets. 

Minimum to § 207. Be it Ordained, That on or before the first 

published. Monday in October in every year, the mayor and the joint 

market committee shall fix the minimum price of the stalls 

and stands in the market, and when made, the mayor shall 

publish it in the official newspaper of the city. 



MARKETS. 145 



That on tlie first Monday in November in every year, ist Monday 

1 1 1 • 1 1 1 T -, n in November 

the stalls and stands m the mai'ket shall be rented for one stalls &c. to 

be rented. 

year, at public auction, to the highest bidder, for cash, un- 
der the direction of the mayor and joint market committee, 
and no bid under the minimum price shall be received. 

That every person renting a stall or stand in the market haveMie° 
shall have the right to retain it year after year, by paying re?eyt°on 
in cash to the city treasurer, at any time before the day on °°'^ ' '°"' 
which the annual renting shall take place, the jDrice paid by 
him the year next preceding, unless it should fall below the 
minimum price for that year. 

The city treasurer shall give a receipt therefor, specifying Treasurer to 

•^ ° , ■•, 7 1 ^ J o giyg receipt. 

the number of the stall, which receij)t shall entitle the 
holder to the occupation and use of such stall for one year. 

furnish list 



The city treasurer shall furnish to the mayor in writing, ^u7nishTist!° 
on the morning of the day of the renting, with a list of 
all stalls so paid for, and such stalls shall not be offered 
for rent. 

S 208. That the mayor and ioint market committee 2 stalls to be 

«J ./J set apart as 

shall select and set apart two stalls in the meat market as p"*"''" ^'^"^• 
public stalls, for the use of country persons and others not 
regular butchers, who may, from time to time, sell butcher's 
meat in the market. 

§ 209. That a certain number of stalls, to be deter- Fish market. 
mined by the mayor and the joint market committee, shall 
be set apart at the eastern end of the meat market, as a 
fish market. 

§ 210. That the mayor and the joint committee shall, ^°''^j°"jjg? 
from time to time, determine what portions of the market f°'' "l®?;'' 

" J^ vei^etables, 

shall be occupied for the sale of meat, vegetables, fish, proJuTe""''^^ 
country produce, and articles sold in the market. 

§ 211. That it is not lawful for any person renting N°'^t°^be^ re- 
stalls in the market to re-let the same for any time, nor per- "t^er^^f "^ ^^ 
mit others to occupy jointly, or to sell any marketable com- 
modity from or on their stalls. 

But every person may make a full and complete sale of^y*™^^^^" 
the residue of the term for which any stall is rented, if the ''"'^'^' 
seller shall notify the city clerk of such sale, with name of 



146 ORDINANCES. 



the purchaser ; and no sale or transfer shall be valid until 

this is done. 



ARTICLE III. ELECTION, AND DUTIES OF CLERK OF THE 
MARKET. 

An Ordinance to provide for the Election, and define tlie Duties of the 
Clerk of the Market. 

Clerk elected g 212. Be it Ordained, That there shall he annually 
Bond and elected by the convention, " a clerk of the market," who 
salary. shall givo bond in the sum of one thousand dollars, and 
receive a salary of eleven hundred dollars per annum ; he 
paying all expenses for keeping the market in a neat and 
cleanly condition. 
Duties. § 213. That it is his duty to attend at the market- 

house during market hours. To maintain order and enforce 
obedience to the rules and regulations of the market, pre- 
scribed in this chapter, and report to the mayor any infrac- 
tion thereof 

To decide all disputes between buyers and sellers, as to 
the weight, measure, or quality of any article offered for 
sale, or sold. 

To procure and have sealed at the expense of the city, 
at least two complete sets of measures, of the capacity of 
from a bushel down to half a peck ; and one complete set 
of scales and weights, conforming to the standard of mea- 
sures and weights of the State of Alabama, which shall at 
all times be kept at the market-house. 

To seize and destroy all, or regulate and correct any un- 
lawful weight, scale, or measure. 

To seize all impure meat, fish, and provisions, and dis- 
pose of them as the mayor may direct. 

To cause to be swept, washed, and thoroughly cleaned, 

every day as soon as market hours are over, all parts of the 

market, and market premises, and to see that the same be 

always kept clean, and free from every description of filth. 

To keep the market-place, avenues, alleys, walks, side- 



MARKETS. 147 



walks, and streets surrounding or adjoining to the market, 
free from all obstructions, and to remove, or cause to be 
removed, all horses, carts, wagons, drays, and vehicles, and 
all and every article or thing which may prevent or inter- 
fere with, the free passage, and approach to, through or 
around the market or market-place. 

To ring the market bell half of an hour previous to the 
time for closing the mai'ket, on every occasion. 

To light, or cause to be lighted, the lamps in the mar- 
ket, as follows : At early candle light, only four lamps in 
the market. At four o'clock in the morning, such others 
shall be lighted as convenience or necessity shall indicate, 
and all shall be extinguished at early daylight. 

On Saturday evenings the lamps shall be lighted at early 
candle light, and as soon as the market is over to extin- 
guish all but four, which shall be extinguished at early 
daylight in the morning. 

§ 214. That he shall collect from each unsold vacant Fees, 
or public stall, for the use of the city, a daily tax from such 
person or persons as may occupy them. 
For meat stalls : For every quarter of beef, for every hog, 

for every sheep offered on the stall, each - 25 cents. 
For each fish stall, - - - - - 100 '' 
" " vegetable stall, - - - - 50 " 
" " game and poultry stall, - - - 50 " 
" " coff'ee stand, ----- 50 " 
" " country cart or wagon, - - - 25 " 



ARTICLE IV. REGULATIONS. 

An Ordinance to resulate the Market. 

S 215. Be it ordained. That the reo;ular market hours Market 

•J ' _ ^ , hours. 

shall be from daybreak until ten o'clock in the morning 
each day ; and on Saturday evening from three o'clock, 
P. M. until nine o'clock, P. M., and no market on Sunday. 

§216. That no person shall seller dispose of, in the ^o^^aies on 
public market, on the Christian Sabbath, any butcher's 



148 



ORDINANCES. 



meat, vegetables, fish, provisions or any commodity what- 
ever. 

Butchers may deliver meat previously purchased, or en- 
gaged to vessels or steamboats leaving this port on Sunday. 

§ 217. That every butcher occupying a stall in the 
market shall sell meat in any quantity, by retail, that any 
person may want. But he shall not be required to sustain 
an evident loss by such sale, of which the clerk of the 
market shall determine. 

Nor shall meat of any description be permitted to remain 
in the market-house after market hours, from the first day 
of June to the first day of October. 

Nor shall any butcher hang up or keep his meat in any 
other place than at his stall, or butcher-pen, and when 
hung u]3 at his stall it shall be hung in the rear of the stall 
and not in front or on the side. 

Nor shall he exhibit any skins of beeves or other slaugh- 
tered animal in the market-house. 

§ 218. That no person shall offer for sale at the market- 
house any unsound or impure meat, fish or provisions. 

§ 219. That all articles sold in the market by weight or 
measui'ement, shall be weighed and measured " by scales, 
beams, weights, balances and measures according to the 
standard of the State of Alabama, and unless the seller 
has them sealed and inspected by the inspector of weights 
and measures, he shall use those kept by the clerk of the 
market. 

§ 220. That no person except those who lease stalls in 
the public market shall hawk or peddle about the streets of 
the city, any meat, game, poultry, vegetables or any other 
article or commodity, usually sold or vended in the market, 
nor sell or offer to sell at retail any such articles (eggs, 
potatoes, melons and vegetables excepted,) at any store, 
stand, street or place in the city, except at the public 
markets. 

And those leasing stalls shall not do so until after nine 
o'clock of the day. 

§ 221. That any person residing out of the city may sell 
and retail meat by the pound, at the public stalls in the 



Shall sell by 
retail. 



Meat not to 
remain in 
market from 
June to 
November. 



Nor to be 
hun? up, 
except — 



No skins to 
be exhibited. 



Nor offer un- 
sound meat. 



How 
weighed. 



No person, 
except 
lessees of 
stalls shall 
hawk or 
peddle. 



Non resi- 
dents may 
Bell at public 
stalls. 



MARKETS. 149 



meat market, or if tliose stalls be in use at any other place 
assigned, that may be assigned by the clerk of the market, 
and such persons shall be subject to all of the provisions of 
these ordinances. 

That it shall not be lawful for any of the regular Butohers 
butchers in the market, or any person connected or in-^ 
terested with them directly or indirectly, to rent or use any 
of the public stalls or molest or interfere with, in any 
m.anner, the person who may for the time have the occu- 
pancy of any public stall. 

§ 222. That it shall not be lawful to sell or expose for ^^f,;5°^ 
sale until after 12 o'clock, M., any fish in any place in the 
city other than in the fish market. That no ice box shall 
be kept in the fish market. 

Nor shall any seller of fish offer for sale or sell any fish 
except pompano and red snapper, which has been kept on 
ice. 

S 223. That all persons who use any of the public or Fees for pub- 

•^ ^ *' -"^ lie stalls. 

vacant stalls, carts or wagons, shall pay the tax or fees 
required in this chapter. 

§ 224. That no person shall, during market hours, buy ^o° ™°egra- 
or contract for any provisions or article usually sold in the staffing. '"^^ 
market in such quantities as to prevent others applying at 
the same time from having an equal share thereof, or so 
much as the clerk of the market may consider that the 
several applicants are entitled. 

Nor shall any person, during market hours, buy or con- Nor speou- 
tract for in the market any provisions or article usually sold 
in the market for the purpose of retailing or making a 
profit thereon. 

Nor shall any person, under any pretense of any bargain, be°taken^ *° 
take or carry away any article without having paid therefor ^nt°"' '^°"' 
or without the consent of the owner. 

§225. That every butcher occupying a stall in the ^'^^'hVd! ''' 
market shall once in every day, under the inspection of the 
clerk of the market, wash and scrape down his stall and 
benches and keep the same clear from all kinds of filth. 

And all persons occupying any stall, stand, cart or wagon, 



150 ORDINANCES. 



in or near the market, shall cause the same to be washed 

and cleaned at least once every day. 
feTe wilh^^^' § ■^■^^- That no i^erson shall meddle with lights or ex- 
lights. tinguish any of the public lamps in the market, except the 

clerk of the market. 
Penalty. g 227. That any one violating any provision of this 

chapter shall be fined not less than five nor more than fifty 

dollars for each offense. 



CHAPTER XXVI. 
MILITARY. 

An Ordinance to establish an Armory for the First Volunteer Regiment. 

Location. § 228. Be it ordained, That the second story of the stores 
in the southern market, (except the room over number 13,) 
on Church street, with the room under the stairs and the 
stairs leading thereto, is hereby established as an armory 
for the city of Mobile, to be under the control and direction 
of the officers of the first volunteer regiment, for which 
they shall pay annually the sum of 
dollars. 

To be used as a place of deposit for their arms and 
equipments and for their safe keeping, and for such other 
purposes as the officers of the regiment deem necessary for 
the projDcr discharge of the duties of the regiment. 

Regiment to S 229. That thev shall have entire and exclusive control 

have exclu- " •' 

excVt-°'' °^ ^^^^ ^^^^ armory, except when in cases of invasion, insur- 
rection, rebellion, riots, or civil commotion, it shall be 
necessary for the time being, to quarter an additional 
number of police or troops. 

In such cases the city authorities shall have the right to 
use such part of the armory as may be necessary for such 
purposes. 

tiontobe §230. That no alterations or additions shall be made to 

cept- the buildmg, except with the consent of the city authorities. 

In cases of § 231. That whenever there shall be any riot, rebellion, 
insurrection, invasion or civil commotion, the mayor shall 



MILK. PASSENGERS AND TRANSIENT PERSONS. 151 



make a requisition on the officer in command for such com- 
panies or nmxiber of men and arms as in liis judgment may 
be necessary, 

And such officer shall detail such men and supply such ^"j,^>'°''°®" 
arms with jjromptness and disj^atch. 



CHAPTER XXVII. 

MILK. 

An Ordinance to prohibit the sale of Impure Milk. 

^232. Be it 07^dained, That no unwholesome, adulter- M''^ to be 

... pure. 

ated or watered milk shall be sold in the city, under penalty Penalty. 
of fifty dollars. 

S 233. That any person peddlino; milk, or driving aPe^dieror 

'^ -i ir r o ^ J ^ o ^ (j^Pt driver. 

milk wagon, who shall violate the provisions of this ordi- 
nance, may be prohibited from the sale of milk for such 
time as the officer trying the case may determine, and if he penalty. 
shall sell any milk within such time he shall be fined fifty 
dollars. 



CHAPTER XXVIII. 
PASSENGERS AND TRANSIENT PERSONS. 

An Ordinance to regulate Passengers and Transient Persons. 

§ 234. Be it ordained, That every passenger arriving at 
or coming to the port of Mobile from any foreign state or 'o pay tax of 
kingdom, in or on board of any vessel (except such as are 
employed on any of the rivers of the interior loading to 
Mobile) shall pay a tax of two dollars for the use of the 
city hospital. 



152 ORDINANCES. 



Masters, &c. That the master, owner, consiornee or person in charw of 

shaU collect. ' ' n i i 

such vessel shall collect the amount from each one of the 
passengers. 
Shall furnish That ou tlic lauclino; of such vessel, the master, officer in 

list to tax O ' ' 

and''pLy"^$2. chargc, clcrk, owner, or consignee, shall immediately fur- 
nish to the city tax collector a list of names of all such 
passengers, and shall pay to him two dollars for each and 
every one of them. 
Master, &.C., § 235. That the master, officer in charge, owner or con- 
report.'^ ' signee of every vessel which may arrive in this port shall, 
within twenty-four hours thereafter, make a report in writ- 
ing at the office of the mayor, of the names of all the j)as- 
sengers on board of his vessel, with a description of them. 
Mayor may ^^^ ^^j ^^ ^^^^ opiuiou of the mayor, any of them may 
require se- i^gQQj^-ie a chargc ou thc city, he may demand of the owner, 
consignee or master of such vessel, that he give bond with 
good security in the sum of five hundred dollars, conditional, 
as follows: 



'' I 3Iayor's Office. 



The State of Alabama, 
City of Mobile, 

We, Brown Smith, Smith Brown and Smith Jones, 
acknowledge ourselves to be indebted to the mayor, alder- 
men and common council of the city of Mobile, in the sum 
of five hundred dollars, for the payment of which we bind 
ourselves, our heirs, executors, administrators and assignees. 

Signed with our hands and seals this first day of 
January, in the year of our Lord one thousand eight hun- 
dred and fifty seven. 

On the condition that whereas the (said Brown Smith 
has brought into the city of Mobile, John Smith, who is 
liable to become) or (steamboat Oregon is a regular packet 
running to and from the cities of New Orleans and Mobile, 
and liable to bring persons into the city of Mobile who may 
become a burthen and charge on the said city,) 

If the said Brown Smith or any person for him, shall 
pay all expenses and charges that the said mayor, alder- 
men and common council may incur for the maintenance, 
care, support, or burial of (the said John Smith) any per- 



PASSENGERS AND TRANSIENT PERSONS. 153 

son brouglit into the city of Mobile by the said steamboat, 
within twelve months from this day, then this obligation 
to be null and void : otherwise to remain in force and ef- 
fect. 

Witness, BROWN SMITH, [seal.] 

David Cummins, SMITH BROWN, [ l. s. ] 

Clerk. SMITH JONES, [seal.] 

§ 236. No master, officer in charge, owner or consignee no sick or 
of any vessel having on board any sick or disabled seamen hands^to be 
or boatmen, shall land or put them from his vessel in the out permis- 
city, if they are not inhabitants of Mobile, unless he shall 
apply to the mayor, who may give permission to do so. 

The applicant giving bond conditional, as in the last 
section. 

And all masters or owners of vessels running as regular 
packets between the port of Mobile and New Orleans, shall 
annually enter such bonds and security as is j)rovided in 
Section 235. 

And any person violating this ordinance shall be fined Penalty. 
fifty dollars, and fifty dollars for each day for each pas- 
senger. 

But this shall not extend to the landing any sick or dis- proviso. 
abled seamen or boatmen who may be received into the 
marine hospital. 

S 237. That any person who shall receive or entertain 

. V • 1 ^ ■ ■ ■ .Person re- 

m his house or dwelling any person not an inhabitant of reiving 

° '' '- stranger m 

the city, who may be liable to become a charge on the city, 'j^!,j'|''^'^j^ij. 
and shall not within forty-eight hours make a report to the ™fi|n^'to "o 
mayor, or an overseer of the poor of the county, of the g^'g^'f/g^^h 
name and description of said person, shall be fined five dol- oome"r ^^ 
lars for each and every day such person may be a charge on " '"^"®' 
the city. 

And when so reported, the mayor, if of the opinion that p^ty „(■ 
such person is liable to become a charge on the city, shall "'''^>'"''- 
notify him to depart from the city, and if found in the city 
after the expiration of twenty-four hours, shall be dealt 
with as a vagrant. 



154 ORDINANCES. 



CHAPTER XXIX. 
PATKOL. 

An Ordinance to establish Citizen Patrol. 

§ 238. Be it ordained, That the city marshal shall 
shalue'ep keej) a book in "svliich shall he recorded the names of all the 
iuViu^e'ns.^'^free white male citizens over the age of sixteen years, resi- 
dents of the city. 

To which list he shall add from time to time, and at 
least once in three months, the names of all such persons as 
may hereafter hecomeresidents of the city, if they shall have 
resided therein ten days. That all such shall be subject to 
patrol duty (unless they are exempt by some law or ordi- 
nance), under the direction and supervision of the regularly 
appointed police officers. 
Patrol to be § 239. That whcucver it maybe deemed necessary by 
iot.^°''' ^ the city authorities to establish patrols, the city marshal, 
under the direction of the mayor, or in his absence one of 
the aldermen or common councilmen shall select by lot 
from the names of citizens as recorded such number as may 
be necessary to guard and protect the city each and every 
night. 
^, . , And in case the person drawn shall be absent or unable 

when sick or ^ 

absent. -^q perfomi his duty by reason of sickness, his name shall 
be rejilaced in the lot, to be drawn again. 

Marshal § 240. That thc marshal shall cause all persons whose 

noti >. ^g^j^-^gg \^q;^q been drawn to be notified at least six hours be- 
fore they are required to attend and perform the service of 
patrol for one night, specifying the time and place for their 



failing to at- attendance, and if he fail to attend and faithfuUv perform 
the duties of patrol, he shall be fined five dollars. 

of>"tfoi°"^ § 241. That the patrol shall, under the direction of the 
police officers, have full power and authority to stop and 
apprehend any suspicious person, or any person who may 
be guilty of disturbing the peace and good order of the city. 



PAWNBROKERS. 155 



It shall be their duty to disperse all unseasonable, riotous, 
or disorderly meetings of all persons — whites and blacks, 
and commit to the city prison such slaves as may be found 
so assembled, or found without a pass, after nine o'clock. 



CHAPTER XXX. 
PAWNBKOKERS. 

An Ordinance concerning Pawnbrokers. 

§ 242. Be it ordained, That no person shall carry on to he u- 
or conduct the business or calling of a pawnbroker in Mo- °^"^^ ' 
bile, unless he has obtained a license therefor, under pen- 
alty of fifty dollars. 

Any person who loans money on deposit or pledge of per- Defined. 
sonal property, or who deals in the purchasing of personal 
property, on condition of selling the same back again at a 
stipulated price, is defined and declared to be a pawnbroker. 

§ 243. The mayor is authorized to grant a pawnbroker's ^^^ ,;. 
license as other licenses, to any jDerson of good character who °^"^'''^- 
may apply therefor, on the payment of the license tax, and 
shall execute a bond in the sum of five hundred dollars, 
conditioned that he will, in every particular, conform to the 
provisions of this or any other ordinance or by-law to be 
passed concerning pawnbrokers. 

§ 244. Every person so licensed shall keep at his place shaii keep 
of business a book, in which he shall enter in writing a 
minute description of all property received on deposit, 
pledge, or purchase, as aforesaid ; particularly mentioning 
any prominent, or descriptive marks that may be on such 
property, 

The time when received, 

The name and place of residence of the person from 
whom received. 

Which book shall be kept clean and legible, and no entry 
therein shall be erased, obliterated, or defaced, under pen- 
alty of fifty dollars. 



156 ORDINANCES. 



Book to be S 245. That everv person so licensed shall, durinoj the 

subject to "^. \ ^ 7 o 

police exam- ordinary hours of business, when requested by the mayor, 

ination. ^ -' _ ' . . 

city marshal, or any police officer of the city, submit and 
exhibit such book to their inspection ; and shall exhibit 
any property that may have been so left with, or received 
by such pawnbroker, imder penalty of fifty dollars. 



CHAPTER XXXI. 
POLICE. 

An Ordinance respecting the City Police. 

ARTICLE I. GENERAL REGULATIONS. 
" II. CITY PRISON. 

" in. SECRET FUND. 



ARTICLE I. GENERAL REGULATIONS. 

Mayor, head § 246. The mayor shall be the head of the police de- 
of police, partment, and shall superintend and direct the police gene- 
rally. 

See that the several members are prompt and faithful in 
the discharge of their duties, and at all times shall take 
such measures as he may see fit for the preservation of the 
peace and good order, of the city, and enforcing the laws 
and ordinances of the city. 
Aldermen R 247. Tlic aldermen and common councilmen shall 

and common " . . t , 

council .shall co-opcratc with the mayor m preserving the peace, and en- 
co-operate, ■■• . O i ^ 

*"=• forcing the laws and ordinances. As conservators of the 

peace, they shall arrest, or cause to be arrested, with or 
without process, and taken before the proper tribunal in 
the city, all persons who shall break or threaten to break 
the peace ; and may commit or admit such persons to bail. 

Duties. They shall arrest, or cause to be arrested, all persons 

who shall be found committing or violating, or who may be 
reasonably suspected of having committed any crime or 



POLICE. 15T 

misdemeanor, or violated any ordinance of the city, for the 
preservation of the peace and good order thereof. 

And shall have power to detain, or order the detention Powers. 
of all snch persons in custody, in the city prison, over 
night, and over the Sabhath, and until such person can be 
examined or tried by a comj^etent court or magistrate. 

§ 248.''' There shall^be annually appointed by the mayor, appo?nt^^^" 
one marshal and three deputy marshals, whose salary and '^=^''=''™<=°- 
bonds shall be fixed by the convention. 

That^ there shall be appointed annually by the mayor of Number to 
the city, as many watchmen as may be designated from nateTby 

Till 11 1 • boards. 

tune to tmie by the boards, to guara and protect the city, 

one of whom shall be called captain of the guard, captain. 

And one called lieutenant of the guard, Lieutenant. 

And fifty who shall be called privates of the watch, or ^.^^ ^. 
police constables — to be paid such sum as may be deter- ^'^t^=- 
mined each year, 

And shall be subject to his control in the discharge of 
their duties, and may at any time be removed by him for 
any misconduct or neglect of duty. 

§ 249. The marshal shall be the chief of the acting po- Marshal. 
lice, under the mayor. 

It shall be his duty to cause and see that the public Duties. 
peace is preserved, and whenever any violation thereof shall 
come to his knowledge, or be reported to him, he shall 
cause the requisite complaint to be made, and see that the ^'^^^ ''•'p"'''- 
evidence is procured for the successful prosecution of the 
offender. 

He shall obey, and cause the police officers under him to obey mayor. 
obey the directions of the mayor, and see that they per- 
form their duties promptly and faithfully. 

In case of tumult, riot, insurrections, or threatening 
thereof, he shall take command (under the direction of the tumult, &.o. 
mayor) in person, of the police, and direct their movements 
and operations in the discharge of their respective duties. 
He shall attend at the mayor's court, at the mayor's office, 

* By the Act of 1858, the mayor is vested with the power of making this, as well as all 
police appointments, 



158 ORDINANCES. 



Attend aiid at the office of the city prison, at such times as the 

mayor's 

court. mayor may direct. 

books '^&i' ^® shall keep, and cause to he kept, and made at such 
time and such manner, all records, registers, books, and 
reports concerning the affau's and operations of the police 
deimrtment, as may be directed by the mayor. 

s^hii^s^duTies" § ^^^- "^^^ assistant or deputy marshals shall, in all 
things, obey and assist the marshal in the discharge of his 
duties. 

Captain of § 251. The captaiu of the guard, night watch, shall be 
e guar . ^-^^ chief esccutive officer (under the mayor and marshal) 
of the night watch, and shall direct them or any member 
of them under him. And he shall obey, and cause the 
members of night watch under him to obey the rules, or- 
ders, and regulations prescribed by the mayor, and the or- 
dinances of the city. 

He shall be responsible for the efficiency, general conduct, 
and good order of the night watch. 

Lieutenant R 252. The lieuteuauts shall aid and assist their supe- 

of the guard. "-' ■- 

Duties ^'^^^' officers in the discharge of all their duties, and shall 
obey all directions that they may give, and see that his 
subordinates are efficient, promj)t, and faithful, in the dis- 
charge of their police duties. 



Police con- § 253. The police constables are required to devote 

prtvaiea. tlicir attention to the preservation of the peace, quiet, and 
good order of the city, and the enforcement of the city laws 
and ordinances. 

shaiii report They sliall severally report themselves for duty at such 

" ^' time and place as the mayor, marshal or captain of the 

night watch shall direct, and render such prompt and 

energetic assistance as may be required of them or the 

exigencies of the service demands. 

Devote their They shall devote their time and attention to the dis- 
charge of the duties of their office according to the regula- 
tions prescribed by the mayor. 

Preserve Tlicy shall prcscrvc order, peace and quiet, and enforce 

order. &c. -it t i t • 

the laws and ordmances tm-oughout the city. 
Power to They shall have power to aiTest all persons in the city 



POLICE. 159 

found in the act of violating any law or ordinance, or aiding 
or abetting in any such violation, 

And all persons found under suspicious circumstances. 

And shall take such persons to the city prison. 

They shall have power and authority in the city, to serve ^J'^^ggg"''' 
and execute warrants and other processes, for the appre- 
hension and commitment of persons charged with or held 
for examination, or trial, or taken in execution for the com- 
mission of any crime or misdemeanor, or violation of any 
law or ordinance of the city. 

^ 254. And while making such arrest or while executing same pow- 

«^ ~ _ ° ers as state 

or serving, or assisting in the execution or service of any constables 

o; o ''in certain 

such warrant or process, shall be vested with and have all '==^^^^- 
the powers and authority conferred on such officers by 
chapter V., title 4, part 2, of the Code of Alabama. 

§ 255. Any member of the city police who neglects or Penalty. 
refuses to perform any duty required of him by the laws or 
ordinances, or the mayor, or in the discharge of his official 
duties' shall be guilty of any fraud, extortion, oj)pression, 
favoritism, partiality, or wilful wrong, or neglect of duty, 
or injustice, shall be fined fifty dollars. 

§ 256. If any person shall resisfany watchman in the dis- No person 

. "^ . . . shall resist 

charge of his duty, or shall in any way interfere with or or mteriere 
hinder or prevent him from discharging his duty as a watch- "^''er. 
man, or offer or endeavor so to do, or assist any person in 
custody of any watchman to escape or attempt to escajDC 
from such custody, or rescue or attempt to rescue any 
person so in custody, he shall be fined fifty dollars. 

§ 257. All persons when called on by any watchman ah persons 
shall promptly aid and assist him in the execution of his officers when 

-,. - -• rt n 1 Tt called on. 

duties, under penalty oi fiity dollars. 

§ 258. If any person shall falsely represent any of the ^i°g'',[^°"i 
members of the city watch, or shall maliciously or with in- ''o'J[^f f^ 
tent to deceive, use or imitate any of the signs', signals, 
devices adopted and used by the city watch he shall be 
fined fifty dollars. 



160 ORDINANCES. 



ARTICLE II. CITY PRISON. 
An Ordinance to establish and regulate the Cit.v Prison. 

TocItiCof.' § 259. Be it ordained, That the buildings on the south 
side of Conti street, between Royal and St. Emanuel streets 
now occupied as the city guard house, be, and is established 
as the city jsenitentiary, to be called the city prison, and 
shall be the place of confinement of such persons as are 
imprisoned for violation of the city laws, ordinances and 
by-laws, and for the temporary safe keeping of persons 
arrested by the city police. 

Mayor shall "^ "^ ^ 

appoint K 260. That there shall be appointed by the mayor a 

keeper, dep- "^ i. l j ,/ 

aSftrer' ks^P^r of the city prison, a deputy keejaer, and three alarm 

nJir '"""" sentinels. 

Keeper. § ^^l. The keej)er of the city prison shall have the charge 

and keeping of the prison, and the custody of all persons 

confined therein. 
Deputy § 262. The deputy shall in all things obey and assist him 

in the discharge of his duties. 
Duty of § 263. When any person is committed therein he shall 

give to the oflicer or person who may have the custody of 
Shall give gxicli persou a receipt stating the alleged name, the charge 

receipts. . ■■■ . ^ . 

against him, and from whom received, and when such per- 
Take gQ]2 is discharo-ed or i)laced in custody of any other ofiicer 

receipts. o i j j 

or person he shall take a like receijit, a copy of which he 
Copies. g]iall keep in his office. 

Keep book Hc sliall kccp in a book kept for that jiurpose, a full 
count^'of^aii accouut of all articles or property taken from any ])erson 

arlicles re- t t • t • ii • t n • i ^ 

ceived or j)hiced m MS custody, or received oi any person m custody, 
prisoners, for wliicli lic sliall givc a receipt to such person, setting 

forth the date, name of the person and description of the 

articles. 
„, „ ,. . ,. He shall furnisli to all persons who are confined therein, 

Sliall furni.sh _ -i _ _ ' 

food. jiroper food and diet according to the regulations that may 

from time to time be made by the city authorities. 
pJigon'^eican. H^ shall kccp the prison clean and well ventilated. 
Shall make a Hc shall wcclvly makc a report to the mayor, of the 
pf/t to t'l^e names of all persons committed, discharged and remaining 
°^^^°^' in custody, accompanied with the vouchers for the discharge. 



POLICE. 



161 



§ 264. He shall demand and collect for the city from 
every free person confined therein for any violation of the 
ordinances of the city : 

For commitment, _--_-^-----flOO 
And for every day that he may continue there, - 30 

From the owner, agent or employer of every slave, 1 00 
And for each day that such slave continues, - - 30 

Which shall be paid before discharge. 

§ 265. That one of the alarm sentinels shall be at all 
times on the bell tower, to watch and observe the city. 

He shall cry the hour of night, at each half hour through 
the night, till daylight. 

§ 266. Whenever there is any alarm of fire, he shall strike 
the bell to indicate the alarm for all parts of the city south 
of Dauphin and east of Franklin street, with one tap. 

All south of Dauphin and west of Franklin with two taps. 

All north of Dauphin and west of Franklin street with 
three taps. 

All north of Dauphin and east of Franklin street with 
four taps. 



Fees of 
prison. 



Duty of 
alarm sen- 
tinel. 



Shall cry the 
hour. 

On an alarm 
of fire, shall 
strike the 
bell. 






Franklin 



Street. 



ui 



N. 



162 



ORDINANCES. 



Tor riot, &o. For riots oi" civil commotion, rebellion or insurrection, 
double the number. 

Viz: 1, 1; 2, 2; 3, 3; 4, 4. 



ARTICLE III. 



Appropria- 
tion. 



To mayor. 



Under his 
direction. 



He shall 
make 

monthly es- 
hibits. 



Duty of 
when the 
fund is too 



An Ordinance to establish a Secret Fund. 

§ 267. Be it ordained, That there is approj^riated from 
the city treasury an amount equal to ten per cent, on the 
total money paid by the city marshal, to be called the 
" Secret Fund." 

§ 268. This amount shall be paid by the treasurer to the 
mayor, who shall take his receipt within five days after it 
is paid into the treasur . 

To be under his sole 'ontrol — to be used as he may see 
fit in facilitating the operations of the police, and to make 
them efficient. 

He shall make monthly exhibits to the presidents of the 
two boards as to the disposition of the fund, and annual 
reports to both boards. 

§ 269. If it apj^ear to the mayor and the two presidents 
at any time, that the fund is larger than is necessary for its 
purpose, such surplus shall be paid to the city treasurer, 
taking his receipt for it. 



Keeper 
elected. 



Duties. 
Shall keep 
book. 



CHAPTER XXXII. 
POWDER— GUNPOWDEE. 

An Ordinance to regulate the keeping of Gunpowder. 

§ 270. Be it ordained, That there shall be annually 
elected in convention, a keeper of the powder-magazine, who 
shall give bond in the sum of dollars. 

§ 271. That he shall keep a book in which he shall note 
and enter every keg and package of gunpowder received into 



POWDER. — GUNPOWDER. 163 

and delivered from the magazine, or transferred while in 
the magazine, as well as the owners' names, and the marks 
and numbers thereof And he shall render an account rep^'oruof^ 
quarterly, and oftener if required by the city authorities, of stored.' 
all gunpowder stored. 

§ 272. And for his services he shall receive twenty-five oompen- 
per centum of all moneys collected by him for storage, and 
forty cents for each load of powder brought into town. 

He shall, monthly, and up to the end of each and every ^''^^"t ™y ^g. 
month, present to the mayor, aldermen and common coun- P,°o.*ey'^re- 
cil, a full, exact, and correct account of all moneys received °'^'-^^^- 
by him for receiving, storing, and delivery of powder, and 
pay the same to the city treasurer. 

He shall keep at all times, and in good repair, a covered shaii keep 
wagon or cart (to be furnished and provided by the mayor, 
who is authorized and required to provide it at the expense 
of the city) for the transportation of powder to and from 
the magazine. 

^ 273. That the house and premises now occupied for MaEazine 

, , 1 p /-n • 1 1 established. 

the storage, located at or near the mouth oi Chickasabogue, 
is established as the " powder-magazine" for the city of 
Mobile. 

S 274. That it is not lawful for any person to keep more no powder 

•^ -^ -■-.-'- to be kept 

than twelve and one half pounds of gunpowder in one parcel, except— 
nor more than two parcels in his store, warehouse, dwelling- 
house, or outhouse, in the city, at any one time ; and such 
gunpowder shall be kept in tin canisters. 

§ 275. That no vessel having powder on board shall be ^o vessel 
permitted to be alongside of any wharf in the city more wharf with 
than twenty-four hours. powder. 

§ 276. That no person shall land any gunpowder at any How landed. 
of the wharves of the city in '.ny Sox, tierce, or package, 
other than the original keg or barrel, unless the same be 
legibly marked " powder." 

That no j)erson except the keeper of the ^^owder-maga- . 
zine shall carry gunpowder through the streets of the city. How carried. 

That every owner, agent, or consignee of any powder j^^''^^^^^^- 
landing from any vessel, shall deliver it over immediately ^'^'^p^'^- 
to the keeper of the powder-magazine to be stored. 



164 



ORDINANCES. 



Penalty. 



Fees for 
storage. 



Every person violating this ordinance sliall be fined fifty 
dollars. 

§ 277. That for every keg or package of gunpowder, of 
not more than 25 lbs., received into the magazine for stor- 
age, there shall be paid in advance, for the first six months, 
75 cents, and in that projiortion for large packages. And 
if the powder remain in the magazine for a longer time than 
six months, there shall be paid in advance one-half of these 
rates. And so on for each and every succeeding six 
months. 

That if the ownership of any jDowder shall be changed 
while on storage, the keeper may collect fifty cents for 
every transfer, for the registry thereof 

That every person having powder in the magazine shall 

indorse on the back or margin of every order for j^owder, 

the time to which the storage of such powder has been 

paid. 

Powder re- § ^'^^- That all powder remaining in the magazine six 

more"than mouths ou wliich tlic storagc has not been paid, shall be 

forf^tTd.''^ forfeited to the city, and sold at auction. 



CHAPTER XXXIII 

PROPERTY OF THE CITY. 

ARTICLE I. MUNICIPAL BUILDINGS. 
" 11. PUBLIC SQUARES. 

" III. CITY PROPERTY. 



Municipal 
buildings 
declared. 



ARTICLE I. MUNICIPAL BUILDINGS. 

An Ordinance respectino; the Municipal Buildings. 

§ 279. Be it ordained, That the second story of the 
center building of the southern market, fronting on Royal 
street, with the stairs leading thereto, is establislied as the 
municipal building of the city of Mobile, within which the 
mayor or some one of the aldermen or common councilmen 



PROPERTY OF THE CITY. 165 



The mayor's 
court room. 



of the city of Mobile shall, on each day of the week, except 
Sunday, hold court for the trial and determination of all court to be 
offenses against, or violations of the by-laws and ordinances ^ ^' ^' 
of the city, which shall be called " The mayor's Court,'' 
at which times may be heard complaints against j^ersons 
charged with offenses against the laws of the State of Ala- 
bama, in a room to be called the mayor's court room. 

§ 280. The board of aldermen shall hold their meet- room. 
ings in another. 

§ 281. The board of common council shall hold their co°u^di!" 
meetings in the room assigned to the city treasurer. 

§ 282. The mayor shall have his office in another. Mayor. 

§ 283. The city treasurer in another. Treasurer, 

§ 284. The city clerk in another. cierk. 

§ 285. The city tax collector in another. i^cfor™' 

§ 286. The city assessor in another. Assessor. 

§ 287. The city surveyor in another. surveyor. 

S 288. The city marshal and the deputy marshals, and Marshal. 

^ . , . Deputies and 

the officers of police shall have an otHce in another. officers of 

■■- pohce. 

§ 289. The city guard shall have an office in another. Guard. 

^ 290. And a guard-room for the safe keeping and secu- crnard room 
rity of persons who may be in custody, awaiting (tempo- keeping. 
rarily) the hearing of the case against them. 



AKTICLE II. PUBLIC SQUARES. 
An Ordinance respecting Public Squares. 

• § 291. Be it ordained, That the square bounded byBienviiie 
Dauphin, St. Francis, Conception, and St. Joseph streets, "'"'■'^''' 
is established as a public square, to be called Bienville 
square. 

5 292. That the square bounded by Charles street on ^"^•^ing'^"" 

^ •' square. 

the east, on south by New Hampshire street, on the west 
Chatham street, on north by Main and Massachusetts 
streets, is estabhshed as a public square, to be called Wash- 
ington square. 

§ 293. That no person shall use or occupy any portion occupied! 



166 



ORDINANCES. 



of either of the public squares, nor deposit any lumber, 
timber, wood, brick, or any other material, nor hang clothes 
nor clothing, nor permit it to be done without the permis- 
sion of the city authorities. 

§ 294. That no person shall cut down, bark, or in any 
manner injure, cut, or break any tree, shrub, or flower 
planted in or about either of the public squares. 

§ 295. That no person shall turn into either of these 
squares any horse, cattle, or any animal whatever, nor per- 
mit it to be done. 

§ 296. That for any intrusion upon, or interference with 
either of these squares not heretofore specified, calculated 
in any manner to injure or deface, and for every nuisance 
committed therein or thereon, and for any violation of this 
ordinance, there shall be imposed a fine of fifty dollars. 

§ 297. That the police officers shall take any property 
or animals that may be found in either square, and place it 
in safe keej)ing, subject to the order of the city marshal, 
and give notice thereof to the owner at once. If no owner 
be found, or if he fails to pay the fine and costs, the mar- 
shal shall sell it as follows : 

§ 298. At the expiration of one week from the time it 
was taken, he shall give three days' notice in the official 
newspaper of the city, that it will be sold to pay the fine 
and costs, at which time he shall sell it to the highest bid- 
der, for cash, in front of the municij)al buildings, and the 
excess shall be paid to the owner, when known ; if unknown, 
it is forfeited to the city. 



Trees, &c. 
not to be 
injured. 



Horses, &c. 
not to lie 
turned into. 



Nuisances 
forbidden. 



Pen:ilty. 



Duty of 
police. 



May sell 
property or 
animals not 
claimed. 



Stores in 

southern 

market 

to be rented. 



ARTICLE III. 
An Ordinance respecting City Property. 

§ 299. Be it ordained, That the stores erected in the 
southcm market property shall be rented by the joint mar- 
ket committee, in such manner and at such time as, in 
their opinion, may best promote the interest of the city. 

§ 300. That all leases shall expire on the first Monday 



QUAERELING, ETC. 167 



in November of each year. That before executing a lease, Directions as 
or giving possession to any person, the committee shall take '° ^®^^^^" 
notes with securities approved by four of their number. 
Each note to be for three months' rent, and made payable 
to the order of the city treasurer (who shall have the cus- 
tody of them) at the Bank of Mobile. 

§ 301. That all property belonging to, or pertaining to Another 
the city, not provided for, or regulated by any of the ordi- be under 
nances of the city, shall be under the control and disposal mayor and 

, presidents 

of the mayor and the presidents of the board of aldermen of t^^^o 

•' ■■• boards. 

and common council, subject to approval of the mayor, 
aldermen and common council. 

S 302. That no person shall injure or deface any of the i^ampa, &8. 

«^ -■■ -^ _ _ _ '' not to be in- 

lamps nor lamp-posts, nor anything pertaining thereto, jured^of 
of the city, or extinguish the light thereof. 

Nor injure, nor destroy, break down, nor carry away any no property 
property whatever belonging to the city, under penalty of pgnluy"'^'' 
fifty dollars. 



CHAPTER XXXIV. 

QUAERELING, &c. 

An Ordinance to prohibit Quarreling, Riotous and Disorderlj' Conduct. 

§ 303. Be it ordained, That no person shall be guilty no fighting 
of fighting, quarreling, or any riotous, indecent, or disor- dotous'^or^^ 
derly conduct in the streets, houses, or any where else iuoond'uot. 
the city, nor of abusing, provoking, or disturbing, either by 
word or action, any person in, or walking in any street, 
road, or public way. 

Nor shall show or expose in public any writing, sign, {^"gg-^'^" 
drawing, print, caricature, statue, or any other object 
which may excite scandal, or has a tendency to disturb 
the public peace. 

Nor shall break down, destroy, injure, or cany away, any Nor injure 
fence or any part thereof, or the steps, or blinds, or doors &o! ^'"'^' 
of houses. 



168 



ORDINANCES. 



Nor deface ISTor sliall cleface, break, or carry away any si2;n, board, 

any sign or . ' ' ^ J . J o } ■> 

plate. or plate, indicating the name, residence, occupation or bus- 
iness of any person. 

Nor shall destroy, break down, mutilate, or deface any 
tomb, grave, or sepulchral monument, erected in any biuy- 
ing-ground, or in any way violate the same, under penalty 

Penalty. of fifty doUars. 



Nor injure 
any tomb- 
stone. 



CHAPTER XXXV. 
SABBATH. 



No person 
over 15 
years shall 
break the 
Sabbath. 



No store, &c. 
to be open. 



Penalty. 



Exception, 
hotels, &c. 



No drinking 
house to be 
open, where 
spirituous or 
vinous 
liquors are 
kept. 



ARTICLE I. 
All Ordinance to regulate the observance of the Christian Sahbatli Day. 

§ 304. Be it ordained, That no tradesman, laborer or 
other person whatsoever, over the age of fifteen years, shall 
do or exercise any worldly labor, business, or work of their 
ordinary calling, on the Christian Sabbath, (works of ne- 
cessity, charity, and the necessary occasions of the family 
excepted) under j^enalty of twenty dollars. 

§ 305. That no person shall jDublicly expose for sale, 
nor sell in any store, shop, warehouse, or otherwise, any 
goods, wares or merchandise, upon the Christian Sabbath ; 
and all stores, shops and warehouses in which goods of anj 
description are kept for sale shall be closed during the 
entire day, from twelve o'clock Saturday night, to twelve 
o'clock, Sunday night, under penalty of twenty-five dollars. 

This section does not apply to keepers of hotels, boarding- 
houses, or public eating-houses, where no spirituous liquors 
are kept for sale, nor to apothecaries in their business as 
such. 

§ 306. That every keeper of a drinking-house or shop, 
where spirituous or vinoiis liquors are kept for sale by the 
glass or drink, who shall allow the same to be kej)t ojien, 
or shall sell, or permit to be sold, any vinous or spirituous 



SABBATH. 169 

liquors on the Christian Sabbath day, shall be fined fifty Penalty. 
dollars. 

^ 307. That no sports, public exercise, or exhibitions, or ^o sports or 

'^ . games ex- 

games of any kind shall be allowed on that day, under '"'^'f^'^- 
penalty of twenty dollars. 

S 308. That any owner or keeper of any billiard-table, siiiiards, 

,'^ , '' i. J 5 ten-pins, and 

nine or ten-pin alley, or any other place of public amuse- p"''''" 

-■■ •' ' ^ ^ -L amusemsnts 

ment, who shall keep or permit the same to be kept open fofi^i'icien. 
for use or amusement on that day shall be fined fifty penalty, 
dollars. 

§309. That no person shall buy any goods or things shaii only 
whatever on that day, except in cases of sickness and for ces's'ar'ies."^' 
the necessaries of life, under penalty of five dollars. Penalty. 

S 310. That no wagoner, carter, drayman or driver, or no driver 

^ , ^ n • T 1 ■ 1 shall load or 

any slave or servant, shall with his cart, dray or waa-on, ""•o-'^c' cai-t. 

•' ' 5 J & 5 (^ray, &c., 

load or unload any goods, wares, merchandise or produce, °^ ''"^^ 
or drive horses, cattle, sheep or swine in any part of the c°t7,|^'&(, 
city (except in case of necessity) under penalty of five 
dollars. 

§ 311. That if any person shall disturb any congregation piace of 
of people lawfully assembled at any church or public place Si not be 

„ 1 • , n T • • disturbed. 

01 worship to periorm divme service. 

Or shall at any time cause any riot or disturbance in any 
of the churches or public j)laces of worship of any sect of 
religion within the city he shall be fined fifty dollars. Penalty. 

§312. That if any person shall employ any slave to^y^^,^^^^^^ 
work or labor on that day in the city (work of absolute nTcesstry?'" 
necessity, and the necessary occasion of the family excepted) 
he shall be fined twenty dollars. Penalty. 

§ 313. That barbers may keep open their shops on that Barbers 
day until 12 o'clock at noon, and not after, under penalty open until 
of twenty dollars. 

§ 314. That the provisions of this ordinance shall not Not apply 
apply to steamboats or vessels, or railroad trains amving or a?rlvin| or 

1 ; • i 1 i_ 1 departing. 

departing on that day. 

Nor to ice houses, livery stables, nor to milk carts fur- j^o°uses/°'' 
nishing the usual supply of milk to families^ nor to gas- s'tabiL, miik 
works, nor to newsboys delivering papers, nor to bathing w^ks^n 

boys, bal 
ing estal 
lishments. 



news- 



, T ,. 1 , boys, bath- 

establishments. ing esta,b- 



170 ORDINANCES. 



CHAPTER XXXVI. 

SHOWS, THEATERS, EXHIBITIONS, &c. 

An Ordinance to regulate Shows, Theaters, Exhibitions, &c. 
Unlawful to S 315. Be it ordained, That it is not lawful for any 

exhibit i -i • i • i • p 

theatrical or pexson to exhiDit anv theatrical or any equestrian peiiorm- 

equestrian ^ , . . 

perform- aucc, pauorama, diorama or paintings, or any rare or un- 
common animal or person, or any rope dancing, or feat of 
strength or agility, or any performance or show where the 
public are admitted for money or reward, nor to have or 
bau's?''''° lioW any fancy, or masquerade, or public ball where the 

public are admitted for money or reward. 
musicians to ^01' ^^^ strcot musiciaus to perform upon any musical 
witiTo™ a instrument in any street of the city, for money, unless they 
hoense. gi^all havo a license from the mayor and the presiding 

oiScers of the two boards, under penalty of fifty dollars. 
JrelTden?s^ § 316. That the mayor and the presiding officers of the 
bo'iTds to two boards shall assess the tax to be paid for such license, 

determine i .i i j_i j? !_• 

tax. and the length oi time. 

Police shall § 317. That at least one of the police officers shall attend 

Buch per- all such performances and exhibitions, and preserve good 



formances. 



order. 
Shall be ad- j^-^(\^ the pcrsou having such license shall admit him free 

mitted free. ■•■ ° 

of charge, under penalty of fifty dollars. 
At request, K 318. That the mayor, at the request of the managers 

mayor may " •.' / 3. ^ u 

"ofice"' ^""^^ °-^ ^^y theater, may appoint four police officers to attend 

auend^'° thc theater every night of performance, who shall be paid 
by the managers for their services, and whose duty it is : 

Duties of To preserve strict order and decorum within the theater. 

such officers, rp^ QxxQ^t and cjcct from the theater any person who 
may be creating riots or disturbing, either by loud and 
boisterous talking, whistling, swearing, or hallooing, or any 
ungentlemanly or indecent acts or conduct. 

And they are vested with full power and authority to 
call upon any person to assist or aid them in the per- 
formance of their duty. 



SLAVES. 171 

§ 319. That any person guilty of any of the acts pro- Penalty. 
hibited by the last section shall be fined fifty dollars, and 
when arrested by the police may be required to give good 
security for his appearance before the mayor, on that or the 
next day, and in default thereof may be committed to the 
city prison. 



CHAPTER XXXVII. 

SLAVES. 

An Ordinance regulating Slaves. 

ARTICLE I. REGULATION OF SLAVES. 

" II. TO REGULATE THE SALE AND HIRE OF SLAVES. 



ARTICLE I. 

An Ordinance regulating Slaves. 

§ 320. Be it ordained, That it shall not be lawful for Not to buy 

1 . „ n , 1 from, or sell 

any person to buy or receive irom or sell to any slave any to any slave 

... . any com- 

commodity or uquid oi any kmd whatever, nor to give or modi ty, nor 

p . . . ... T gi™ any 

furnish any spirituous or intoxicating, or malt Kquors, fpii^i'iious 

'' -•■ . liquors, i&o. 

without the consent of the owner in person or in writing, 
under penalty of fifty dollars. penalty. 

§ 321. That no free person shall at any time be in the Free persons 

. . , , ^ r ^ siisW. not as- 

company oi or associate with any slave at any lawiul or sooiate with. 
unlawful meeting of such slaves, 

Nor secrete nor entertain any slave without the consent Nor secrete, 
of the owner, under penalty of fifty dollars. tain. 

S 322. That if any slave absent himself from his usual siave ab- 

, , senting hira- 

place of residence, owner or employer's service for the space ^''.'f -^ ho"''« 

•*• J X d i- Without pass 

of twenty-four hours, without a written pass, he shall be ''eemea run- 
held to be a runaway, and arrested and dealt with as such, 
according to the provisions of the Code of Alabama in 
article 1, chapter 4, of part 1. 

§ 323. That four or more slaves associated together ofi" 



172 ORDINANCES. 



more consti- fro^i their masters' premises, shall be an milawful assembly, 
ruu"s"mbiV f'Oi' ""'hich tbej^ shall be punished with twenty lashes. 
Proviso. But the mayor or any alderman or common councilman 

may, by permission in wiiting, authorize them to assemble 

at church, or any other place of worship, or elsewhere, 
^mduct'per- § 324. That uo slave shall use any rude, violent or blas- 
raitted. phemous language, or carry clubs, or any description of 

weapons, 

jSTor allowed to congregate in the streets, except when 

engaged in the business of their emjDloyers, 
Not to ride Nor allowcd to ride or drive horses at a more rapid rate 

or drive . ^ 

rapidly. thau a waik or moderate trot, 

in"the™'tre'et. Nor to smokc auy pipe or segar in the streets of the city, 

tious^OTdis- ^*5i' uiake any seditious si^eech, 

order y. -jq-^^. gQjjjjj^j^ ^^^j (disorderly conduct or trespass, 

Nor lift his hand in opposition or against any w^hite 
persons, 
Nor harbor Nor harbor nor conceal any other slave, nor write for, 

or conceal 

any slave, nor fumish anv other slave with any pass or free paper, 

nor write or " '' ■'^ x i j 

furnish pass, qq^ i^q {jx the strccts or away from his employer's premises 

at night after nine o'clock, P. M. 
Nor own Nor owu any horse, mare, gelding, mule, cow, hog or 

horse, cow, -^ ' ' ° OJ ? ? O 

hog or dog. fl no" 

Under penalty of not exceeding fifty lashes. 
In absence § 325. That tlic owucr, employer or agent of any slave, 
kfavhTg^"^ leaving such slave in charge of his dwelling dm^ing his 
eirar?e"of abseuco from the city (except temjDorary absence) or desir- 

house, or de- •t-i, i , i i n i • 

sirin- slave lug his siave to occupy a house separate and apart irom his 
sep°ar'a'te^ residcnce, and still have such slave under his suijervisiou 

house, but Til- ii- IT • 1 1-1- 

under his aucl laboriug under his actual direction and control m his 

actual direc- •it t n ^ 

tion. shall service, shall make out a list of the name, age, size, and 

file list with \ J O 5 J 

ciork. color of the slave that he desires to so leave in charge or 

occupy, with a specific description of the house to be kept 

in charge or occupied. 

This list shall be filed wdth the city clerk, and on the 

payment of one dollar by the applicant to the cit}'' treasurer, 
Mayor shall the mayor shall issue a pennit for such residence and occu- 
issueper- pg^^^Q^ f^j. gxicli tiuic, not cxcceding twelve montlis, as may 

be desired, countersigned by the city clerk and dated liom 



SLAVES. 173 

the first day of January, April, July or October progres- Time, 
sively numbered from one up, during each municipal year. 

And if it should appear that any misrepresentation has ^^^y^e re- 
been made to the clerk or mayor, the mayor shall revoke and 
annul such permit. 

That if any slave is left in charge of any dwelling, or Penalty. 
permitted to occupy any house without such permit, he 
shall be fined ten dollars, or whipped twenty lashes. 

That if any owner, employer or agent, shall permit his ^°jj;/j°fjj,'^'' 
slave to be left in charge, or occupy, or live, or reside apart °j'^"':'to°i"[g 
from him, contrary to the provisions of this section, he shall section. 
be fined twenty dollars, and for every day that it continues, Penalty. 
five dollars. 



ARTICLE II. 
An Ordinance to regulate the Sale and Hire of Slaves. 

^ 326. Be it ordained. That every slave brought within Every slave 

, . „ TIT-, 111 7 ^hall be re- 

the city for sale or mre shall be recorded by the owner, corded. 
agent, seller or hirer, in a book, to be kept by the city 
clerk at his office, the name, sex, age and color, and the 
place in the city where the slave is kept for sale or hire, for 
which he shall pay one dollar for each slave, to the city clerk. Fee, $i. 
A copy of which record shall be furnished by the city oopy to be 

furnished by 

clerk to the owner, agent, seller or hirer. cierk. 

§ 327. That no person shall establish or keep a depot no depot to 
for the sale or hire of negroes within the following limits : j" certain 

O o limits. 

commencing at the east end of St. Michael street, running 
west to Conception, thence south to Church, thence east to 
the river, thence along the river to the place of beginning. 

Nor in any other place in the city, without first procur- Proviso. 
ing the consent in wiiting of the mayor and presidents of 
the two boards, under penalty of fifty dollars. 

§ 328. That no slave shall hire his own time, nor the time siave shaii 
of any other slave, under penalty of twenty lashes. And any Swn time.'^ 
person owning or having control of such slave, suffering or 
permitting it, shall be fined fifty dollars. 

■^ ° ' '' , , Penalty. 

§ 329. That no person shall, in the city, employ or hire 



174 ORDINANCES. 



No person anv slave, nor contract with any slave for hire, without the 

shall hire or -^ ' *; ' 

contract conscnt 01 the owner or agent of the slave, under penalty of 

fifty dollars. 
Owners, &c. S 330. That no person havino; control of anv slave shall 

may procure . . , , ^ _ 

badse to permit him to hire himself out to work by the day in the 

■work by the ^ ^ j j 

^^y- city, unless he has entered the name, age, and sex of such 

slave in a book kept at the city clerk's office for that pur- 
pose, and obtained a metal badge (for which he shall pay 
five dollars), on which shall be painted or engraved the 
number corresponding with the entry in the book. 

How worn. And the badge shall be worn by the slave on a conspicu- 
ous part of his dress. 

Not neces- But a liceuse and number for a dray shall be sufficient 

sary for dri- _ - 

ver of a dray tor the driver. 

Not to be The badge shall not be used for any other slave, nor for 
other slaved any lougcr time than that for which it was issued. 
Penalty. Any violatiou of this section shall be fined ten dollars. 

Slave so § 331. That if any slave, licensed as in the last section, 

fusing ti shall refuse to work for any free person ofiering; to employ 

work shall . i n i i t 

be punished. Jiim, uulcss previously engaged or actually employed, he 

shall receive ten lashes, unless his owner will pay three 

dollars. 

Day's work That a da/s work for such slave shall be from sunrise to 

what -t sundown, allowing to him half an hour for breakfast, one hour 

and a half for dinner, and in the months of June, July, 

August and September, two hours for dinner. 

All slaves § 332. That all slaves employed at any kind of service 

cept— ' ' between the first day of November and the first day of 



June in each year, shall pay a tax of three dollars each. 
But this shall not apply to slaves on which an ad valorem 
tax as slave property is assessed. 



STREETS. 175 



CHAPTER XXXVIII. 
STREETS. 

An Ordinance regulating Streets. 

ARTICLE I. TO ESTABLISH, OPEN AND REPAIR STREETS. 

IL REGULATION OF STREETS. 

III. SHELLING, PAVING AND PLANKING STREETS. 

IV. REGULATION OF SIDE-WALKS. 
V. CITY SURVEYOR. 

VI. RIGHT OF WAY TO RAILROADS AND SHELL AND PLANK ROADS- 



ARTICLE I. 

An Ordinance to establish, open and repair Streets. 

§ 333. Be it ordained. That upon the written applica- upon 'nrrit- 

, '^ ' -^ , , -■■ -^ ten applica- 

tion of the owners of at least one-fourth in quantity of the ti°n of ^' '? 

'^ •' quantity ol 

property through or over which any new street, any altera- property 
tion, improvement or repair is desired to he made, or where ^e openTd^ 
any water shall settle or stand, one-fourth of the owners of ^epafreci,°or 
property adjoining such place shall petition the city to^^mli^^^ 
drain such place, the mayor shall give thirty days' notice Advertise- 
of such application, in one of the newspapers of Mobile, ™^" ' 
calling on all persons interested therein to signify their ob- 
jection thereto. 

The city surveyor shall then investigate and ascertain as surveyor's 
near as practicable the probable cost and expense of the 
work petitioned for, and inform the mayor thereof. 

At the expiration of the time given in the notice, the Mayor's du- 
mayor shall report the probable expense to the two boards, 
together with what he has done, and submit any objection 
that may have been filed. 

S 334. That if the mayor, aldermen and common council i^''"''?'®''' 

^ 4/7 mayor s 

shall ordain that the work be done, the mayor shall then'^"'^- 
cause the marshal or any one of the police officers to sum- 
mon a jury of twelve citizens to assemble at a given time 



176 



ORDINANCES. 



Jury. 



and place, of -which notice shall be given in the official 
newsjDaper. At the appointed day the mayor shall im- 
pannel the jury, to assess the amount that the difierent 
pieces or parcels of the adjacent property shall contribute 
and pay to make up the amount of the probable cost and 
exjjense, in fonn as follows : 

We, the jury impanneled to assess the amounts to be 
paid for (repairing Dauphin) street, do find that the costs 
of the (repairs) will be (five hundred) dollars, and we assess 
that A. B., shall pay -------- ^100 00 

B. C, executor of C. B., ------- 100 00 

The vacant lot on the north side of Dauphin, 
between Cedar and Warren streets, commenc- 
ing 100 feet from Warren, then running east 
55 feet, with a depth of 110 feet, the owners 
unknown, ----------- 100 00 

The president and directors of the Bank of 

MobUe, ----------- - 20000 

Mobile, November 17th, 1857. 

K. K. DADE, 
JOHN KING, 
PETEK PKINCE, 
(The twelve signing.) JOHN DUKE. 

Which shall be recorded by the city clerk, and a certified 
copy thereof by the clerk shall be a sufficient warrant for 
the tax collector to collect the said assessments, in the 
same manner as the taxes on real estate are collected. 

§ 335. That after the assessment shall be made the 
mayor shall advertise in the official newspajier for 30 days 
for sealed proposals to do and complete the proposed work; 
on such proposals coming in, the mayor shall determine 
which is the best. 

The contractor whose proposal shall be accepted, shall 
o-ive bond and securitv in double the amount of the contract 
for its fixithful performance, and he shall not receive any 
How paid, money from the city, but shall be wholly paid as the work 
progresses, from the money collected from the assessment 
in the last section. That where a new street is established 



Advertise 
for pro- 
posals. 



Contractor 
give bond. 



STREETS. 177 



or repairs or alterations on sncli as are already established, 
the owners of the property through which it may rnu may ^ly^do 
do the work at then- own cost, under the superintendence worL"^"^ 
of the city surveyor. 

§ 336. That where the alteration, improvement, or open- where the 
ino- of the street terminates on the water or extends by the nates in the 

'■" water. 

bank thereof, that a sufficient bulkhead or abutment shall 
be made of square and sound timber, not less than 12 inches 
square, to be secured with braces and iron fastenings, and 
so made as to carry off the water from the street, and shall 
be kept in repair by the owners of the property benefited 
by the improvements, alterations, or openings. 

S 337. That all streets and extensions of streets now ^" ^^""^^'^ 

o now open 

opened and laid off in the city, however or whoever made pubilc?'^'^'"^ 
by, are hereby declared to be public streets, subject to be 
regulated and disposed of only by the city authorities. 

§ 338. That no person shall open, extend or grade any street not to 
street in the city, without the consent of the city authorities, &c., unless 
and then it shall be done under their direction and control, of city. 
under penalty of fifty dollars. 

S 339. That the act of opening or extending any street when so 

'J J. o o ^ opened, is a 

under the provision of the last section by the owners of the dedication. 
property over which it extends shall be taken and held to 
be a complete dedication thereof to the city for the use of 
the public, of the land over which such street is run." 



ARTICLE II. EEGULATION OF STREETS. 

§ 340. Be it ordained, That no person shall lay pipes p; j^^^ 
of iron, lead, or other metal, or of wood, for conveying gt^ee'ts.'^^ 
water, or for any purpose, in any of the streets of the city, 

(*Adopted since Code.) 

Section 1. Be it ordained, By the mayor, aldermen and common council of the city of 
Mobile, that the road heretofore known as the Dog River Road be and the same is hereby 
declared to be a street of the city of Mobile, and to be known as Dog River Road street. 

Section 2. That the said Dog River Road street shall commence at the intersection of 
Wilkinson street with the said road, and shall thence continue in a straight line to the north 
line of a lot formerly owned by Sidney T. Douglass, and thence on to the location of the 
present road southerly, to the southern limit of said city, and shall have a width of forty feet. 



178 ORDINANCES. 



nearer to the center of the street, than four feet, under penalty 
Penait>'. of t weutj clollars, and twenty dollars each day, until removed. 
nottobe"' That no 23erson shall destroy or remove the bolts or other 
moved. marks, indicating any lines of the streets, under penalty 

. of fifty dollars. 
No building § 341. That no person shall erect, rebuild, or enlarge 
be erected" any housc, buildiug, or fence fronting on any street in the 
vevoV, '&c. city, unless he shall have called on the city surveyor, or 
line." in his absence, two aldermen, to designate the line of the 

Penalty. Street, undcr penalty of fifty dollars. 
Declared a Aud any liousc, buildiug or fence, which may be 2:)laced 

nuisance to , . 

be removed. SO that it cucroaches on the street, is a nuisance, and shall be 
removed back to the j^roper line of the street, under pen- 
alty of ten dollars for each day it continues. 

Materials, § ^^^- That it is uot lawful for any person employed in 

how placed, i^^^iitjing or repairing any house, store, or other building, to 
lay or place bricks, boards, timber, or any material for build- 
ing in the streets so as to occupy more than one-third of 

Penalty. the middle of any street, under penalty of twenty dollars. 

No cotton, § 343. That no person shall obstruct nor incumber any 

tr^s'h^&c. street in any way, nor throw nor deposit in any street or 

sitedin'^the guttcr, ditch or drain, any cotton, lumber, fire wood, cart, 
dray, wagon, or any article, nor any hay, straw, dung, 
kitchen stuff, broken glass, j)arings, or bits of leather, paper, 
or cloth, nor any shavings or chips, nor any kind of filth 

Penalty. or trasli whatever, under penalty of five dollars. 

No earth to Nor dig, or haul, or carry awaj'", any earth or materials of 
any kind from any street, nor from any ditch opened or ex- 
cavated. 

Nor to injure Nor to cut, fell, break, strip off the bark, or damage in 

any tree. ' ' ' ^ '- ^ ' o 

any manner, any tree which is planted in any walk, square, 

street, road, or public way. 
Nor injure ]\l"or pull dowu, rcmove, nor deface, injure, or destroy any 
plate, &c. board or plate indicating the name of any street. 
Nor permit ^^^ permit auy wall, house, or other building or erec- 
t"o"remab °" ti<>"> ^0 romaiu standing, if the mayor notifies him that he 
majw is of the opinion that they are liable to fall and endanger 

directs to be , i t o 

removed, the livcs ol pcrsous passing. 

Nor haul, carry, or transport through any street of the 



STREETS. 179 



city any timber, lumber, or any other article, in siicb manner ^°[o''^"'j° 
that any part thereof shall drag upon or touch the street. *''•' ^'''^^'• 

Nor plant any trees in the street unless they are placed How to 
on the outer edge of the side- walk, and not more than eight ''''"'' "■^°^ 
inches within the line of the curb-stone. 

Nor shall erect any building, sheds, or inclosure of any Nor erect 
kind east of Front street, on the west side of the river, un- &"! e^st 0°^ 
der penalty of fifty dollars. Penalty.' ^^ ' 

^ 344. That there shall be placed the name or sign of Name of 

... streets on 

each street in legible painted letters on one of the corners the comer. 
at the intersection of each street, north of Massachusetts, 
east of Broad, and south of Hunt streets, including these 
streets, upon a conspicuous j^lace. 

§ 345. That Front street shall be of the width of sev- ^;^,(|^ ^j. 
enty feet, measuring from the building on the west side of ^'"°"' ^'''®®'" 
the street, sixty of which shall be used as a roadway for 
vehicles. 

§ 346. That the United States is authorized to close 
up so much of the street as is immediately in the rear of close" a^treet 
the marine hos2:)ital, and to appropriate the same for the 
purpose of extending and improving the grounds of the said 
hospital.* 

(^Adopted since Code.) 

Section 1. Be it ordained. That on and after the passage of this ordinance, it shall be the 
duty of the city surveyor to employ some competent person to number each house and va- 
cant lot in the city of Mobile so far as the same may be practicable. 

Section 2. That it shall be the duty of the person so employed to take Government 
street as the base, starting-point for numbering all houses and vacant lots on streets run- 
ning north and south, and the Jlobile river as the base of streets running east and west, 
unless otherwise directed by the city surveyor. 

Section 3. That the person so employed shall be required, within a reasonable time after 
his or their employment, to furnish the owner or owners of houses and vacant lots fronting, 
on any street in the city of Mobile with an appropriate number painted on japanned tin, for 
which the person so employed shall be entitled to demand and collect from the owner or 
owners of any house or vacant lot the sum of twenty-five cents as his compensation for the 
proper number so delivered. 

Section i. That it shall be the duty of every owner of a house or vacant lot in said city 
to receive from the person or persons employed as aforesaid, the number or numbers which 
may be furnished them, and within a reasonable time thereafter to cause the number or num- 
bers so furnished to be placed permanently on the door or doors opening on the streets, or if a 
vacant lot, and the sams bo inclosed, then the number be placed appropriately, and in a conspic- 
uous place on the fence or inclosure, and any owner of a house or vacant lot, or the agent 
of the same, faihng or refusing to comply with the provisions of this ordinance, shall forfeit 
and pay the sum of five dollars for every day he, she, or they shall refuse or neglect to cause 
said number or numbers to be placed as aforesaid, to be recovered before the mayor, or any 
DUO of the aldermen or common councilmen of said city. 

Section 5. That it shall be the duty of the person or persons employed to do the number- 



180 ORDINANCES. 



ARTICLE III. SHELLING, PAVING AND PLANKING OF STREETS. 
An Ordinance to provide for the Slielling, Plankins or Paving of Streets. 

Two-thirds S 347. Be it ordained, That whenever the owners of at 

of owners .... • i> -\ n • 

may peti- least two-thirds m quantity ot real estate ironting on any 
street, shall in writing petition for the shelling, paving or 
planking of such street within the city, it shall be lawful 

di?ect!^ ™^^ ^'^^' ^^^^ '^^ hereby made the duty of the mayor, aldermen 
and common council to order such street to be shelled, 
paved, or planked, according to the provisions of the Act of 
the legislature approved December 8th, 1853. 

Work done § 348. That the work shall be done in such manner as 

under super- , i-, i ,-t • ^ • • i- ^ 

vision of the mayor may dn-ect, under the especial supervision oi the 

surveyor. . ' . 

City surveyor, whose duty it shall be beiore the commence- 
ment of the work to furnish the proper grade of the street 
to be shelled, paved or planked. 
He shall re- S 349. That whcu tlic work is completed the city sur- 

port cost. ^ _ * 

veyor shall ascertain and report to the mayor the expense 

of it. 
^rvevoT*^ That then the mayor and the city surveyor shall assess 
shall assess, ^j^g proper auiouut to be paid by each owner of property. 

(or piece of property when the owner is unknown) fronting 

on the street where the work has been done. 
He shall cor- Tlicy sliall Certify the assessment to the city tax collector 
collector, and the certificate shall be full authority for said tax col- 



Form of. 



lector to collect the assessment. 
It shall be in the following form : 

State of Alabama, 1 j^^ ,^ ^^^^^ 
City of Mobile. \^ j m 

To the Tax Collector of the City of Mobile : 

The city surveyor having reported to the mayor of the 

city of Mobile that the expenses of (shelling or paving, or 

ing;, to furnish the city assessor with the numbers and names of the owners of houses or 
lots as fast as the same shall be ascertained by him. 

Section 6. That the person or persons employed as aforesaid, shall he under the direct 
supervision of the city surveyor, and may he by him removed, when, in his jud^jmcnt, the 
person employed shall refuse, or fail to execute the provisions of his contract in good failh. 

Section 7. That all laws or parts of laws of said city, conflicting with the provisions of 
this ordinance, be, and the same are hereby repealed. 



STREETS. 



181 



planking on Dauphin street) amounts to five hundred dol- 
lars, 
We assess that A. B. pay, ------- $100 00 

" " " B. C, administrator of the estate 
of C. D., ----------- 50 00 

We assess that vacant lot on north-west corner 
Dauphin and Cedar, with front of 55 feet and 
depth of 110 feet, --------- 50 00 

We assess that E. F., -------- 300 00 

And the tax collector is commanded to levy of the goods 
and chattels, lands and tenements of the said persons, and 
to attach and sell the said lots to make the said several 
sums of money and costs, and that he have the money in 
the office of the city treasurer of Mobile, on or before the 
day of 185 

JONES M. WITHEKS, 
Griven at Mobile this \ Mayor. 

day of 3 

P. J. Pillows, 

City Surveyor. 

§ 350. That it shall be the duty of the tax collector to ^^^ ^^, 
collect without delay the several amounts assessed in the '®<^""^'^ '^"*^'- 
same manner and with the same authority as he has in col- 
lecting the ordinary tax on real estate, and be entitled to 
the same compensation. 



ARTICLE IV. REGULATION OF SIDE-WALKS. 

S 351. Be it ordained, That the owner or claimant, or„ , , 

o ' " To be made 

occupier of every lot of ground shall make or cause to be ^e"''JrX''' 
made and keep in repair to the whole extent and front oi°J^^^°l 
his property, a side- walk on each side of the street. 

Upon every street and exclusive of the gutter, "^"ith. 

Over thirty and under forty feet wide, - - - six feet 
Over forty and under sixty feet wide, - - - eight feet 
Over sixty and under one hundred feet wide, - ten feet 
One hundi'ed feet wide, ------- fifteen feet 



182 



ORDINANCES. 



Material in 
fire limits. 



Not in the 
fire limits. 



According to the level and graduation to be furnislied 
by the city surveyor. 

That the materials used within the fire limits shall be of 
whole bricks of good quality, and for making bank-heads 
shall be of heart pine or cedar three or four inches in the 
surflace by fifteen inches in depth, or if stone be used, it 
shall be four inches thick throughout and fifteen inches 
deep, and not less than three feet long with hewn sides so 
as to form close and fiiir joints, and , present fair surfaces 
and a proper level at the top. 

And the portion before gates for the passage of carts or 
other vehicles shall be shelled or paved with stones or brick, 
laid edgewise. 

§ 352. Outside of the fire limits and upon every square 
on Avhich there shall exist more than one building, the side- 
walk may be made of sand or any material capable of being 
smoothed and made hard. It shall be made sloj^ing towards 
the street in such way that the water may not remain on it, 
that the bank-heads shall be of pine stuff not less than three 
inches thick and fifteen inches wide, or of sound flat boat 
gunwales, and there shall in all cases be a proper gutter 
across the side- walk made of plank, to lead the water from 
the yard or lots into the streets, under penalty of fifty 
dollars. 

§ 353. No person shall obstruct, embarrass or incumber 
any side-walk with cotton, lumber, fire-wood, carts, drays, 
wagons, goods, wares or merchandise, or any article. Nor 
drive any horse, cart, dray, wheelbarrow or carriage over 
the side- walk, (except to cross it to enter the lot. 

Nor sell or offer for sale at public auction or outcry in 
the streets or on the side-walk any slaves, or horses, cattle 
or live stock, except at such places as the mayor may desig- 
nate. 

Nor expose for j^ublic or private sale in the streets or on 
the side-walks, any goods, wares or merchandise. 

Nor to erect gates to open on the street, nor permit them 
to remain when erected. 

Nor to })ermit any walls, houses or other buildings that 
are in a broken or ruinous condition, liable to fall or en- 



Not to ob- 
struct in 
any way. 



Nor expose 
Koods. 



Nor erect 
gates. 



Nor permit 
(lanKcrous 
walls, &,o. to 
remain. 



STREETS. 183 



danger tlie lives of persons passing by, to remain or other- 
wise obstruct the side-walk, under penalty of fifty dollars, 
and fifty dollars for each day that any violation of this Penalty. 
section continues. 

§ 354. That within the fire limits no veranda or bal- ^°er n"ii°de 
cony attached to any building shall be ere(5ted at a less^anio^'feet 
height than twelve feet, nor any gallery, awning, sign or umils" 
other projection attached to any building shall be erected Nor signals 
at a less height than nine and a half feet above the side- feet. 
walk, 

Nor extend over the street more than the width of the Nor to ex- 
tend -wider 

side- walk in front of the building. "i^° ^a^"^- 

The posts or columns to support the verandas and bal- p^^j^ ^^^ 
conies shall be composed of iron, and placed on a line°°'"™"^' 
within four inches of the outer line of the curb of the 
side- walk. 

Nor shall any other projections be so constructed as to other pro- 
be supported by any posts or pillars erected in the street or 

on the side- walk. Nor shall any otlier posts or pillars be no posts or 

_•'-'■-'- pillars, ex- 

erected in the streets or on the side-walks, (except tempo- <=ept— 

rarily while building) but those used to support the tele- 
graph wires, and for gas-lights, and iron posts placed on g^^ placed. 
the outer edge of the side-walks to tie horses to, which 
shall not be less than four feet nor more than five feet high, 
under penalty of fifty dollars. penalty. 

And all posts or pillars now standina; not composed of Posts or 

\. -IT- • 1 -, . pillars other- 

u'on m compliance with this section, are declared a nuisance, wise placed, 

a nuisance. 

and shall be abated, under penalty of twenty dollars, and a 
fine of five dollars for every day that it is permitted to 
remain. 

§ 355. That all persons tenants of houses, yards, lots, to he swept 
or grounds fronting on any street, shall sweep or cause to beforelen. 
be swept, and to clean or cause to be cleaned, that part of 
the side-walk that lies before their premises, every day, 
before ten o'clock in the morning, under penalty of one 

=" '- ■' Penalty. 

dollar. 

§ 356. That where any tree is growing or standing on Trees to he 
any side- walk, and any branches or boughs extend over the t"i"nred. 
side-walk or street, that the tenant of the lot before which 



184 



ORDINANCES. 



Duty ol 

m:irshal 
wiieu owner 
of nuisance 
is unknown. 



such tree stands shall cause it to be trimmed to the height 
of twelve feet above the side-walk, under penalty of fifty 
dollars. 

§ 357. That when any article is found obstructing or 
incumbering the side-walks or streets of the city, and the 
owner is unknown, the city marshal or any police officer, 
under the direction of the mayor, shall cause such obstruc- 
tion to be taken to some place of safety, to be held five 
days ; at the expiration of that time it shall be sold, after 
giving three days' notice in the official newspaper, of the 
time and jjlace. 

The proceeds shall be paid into the city treasury, after 
deducting the expenses and costs, and if the proceeds are 
not called for by the owner within sixty days it is forfeited 
to the city. 

§ 358. That every person who shall injure anj^ side-walk 
or gutter shall cause the same to be repaired within twenty- 
four hours thereafter, under penalty of twenty dollars. 

If the injury or damage be committed by a minor, ap- 
prentice or slave, or by any animal, the father, guardian, 
minor, master or owner shall be bound to cause the repairs 
to be made at his expense, and shall pay the fine, and if 
the owner of the slave or animal is unknown, such slave or 
animal may be taken by the marshal or any police officer, 
as is provided for in section 357, for the disposition of 
articles found obstructing or incumbering the side- walks or 
streets, and shall be disposed of, as is therein provided. 



Proceeds, 
how dis- 
posed of. 



Injury to 
walk to be 
repaired. 

Penalty. 

If minor, 
slave, or 
animal. 



When owner 
of is un- 
known. 



ARTICLE V. CITY SURVEYOR. 



Election of, 
&c. 



Salary. 



§ 359. Be it ordained, That the present term of the city 
surveyor expires on the 1st Monday of March, 1859, and on 
that day and every three years thereafter there shall be 
elected by the convention a civil engineer who shall be 
called the " city surveyor." He shall give bond in the sum 
of one thousand dollars and receive fifteen hundred dollars 
a year, payable monthly, and shall be allowed twenty-five 
dollars a month to pay a chain-bearer or hand. When the 



STREETS. 185 

office of street inspector expires, he shall receive three hun- 
dred dollars more per annum. 

§ 360. He shall have his office in the municipal buildings, office and 
which he shall keep open every day, except Sunday, from 9 
o'clock A. M. until 2 o'clock P. M. and from 4 o'clock P. M. 
until 6 o'clock P. M. unless engaged at his official duties. 

He shall safely keep there all records and maps pertain- His duties. 
ing to his office, subject to the inspection of the mayor or^^^^^^^^ 
any of the aldermen or common council ; such records and 
maps shall remain and be the property of the city. 

He shall give all information of record in his office to any Give inform- 
person calling for the same, free of charge. 

He shall keep at his office a proper book, to be called complaint 
" comjjlaint book," to which every jjerson shall have access 
at all times, in office hours, in which he shall enter all com- 
plaints made of nuisances and obstructions in the streets 
and side- walks to be removed, or repairs of streets to be made, 
the date of the complaint and the name of the complainant. 

If the removal of any nuisance or obstruction or making shaii report. 
any repair requires the action of the mayor or boards, he shall 
report to them immediately ; if not, he shall do it. 

He shall report to the mayor all houses, walls or build- „, „ 

■•■ _ •' '_ _ Shall report. 

ings in a broken or ruinous or other condition which are 
liable to fall and endanger the lives of persons passing 
in the streets. 

And whenever required he shall report to the mayor. Reports. 
aldermen or common council, information on all subjects 
pertaining to his office ; when any contract for grading, 
shelling, planking, paving or guttering any street, lane, 
alley or other property pertaining thereto, shall have been 
made, he shall be furnished with a copy, which he shall 
record in a book kept for that purpose in his office. 

§ 361. It is his duty to make full and accurate maps ofgj^g^jj^g^j^g 
all parts of the city, making full and complete field notes of "e^Sno"el 
them, and entered in a book kept in the office, which shall boot^^^^ '" "■ 
be open to every person, under his supervision. 

To ascertain as accurately as possible the different squares Ascertain 
and lots, giving to all persons interested due notice, so that and sqiarea. 
they may designate their property. 



186 



ORDINANCES. 



No record 
but of actual 
surveys. 



He shall not record or place in the hooks of the city any 
map or notes, unless they shall have heen prepared from 
actual survey, 
shau mark § 362. That it is his duty to mark out all streets, lanes, 

out all " _ •' ■ ' 

streets, &c. alleys, side-walks or foot-ways whenever the same shall have 
been ordered or accepted by or have become the property of 
the city. 

To survey, when required, all lands belonging to or in 
the occupancy of the city. 

To ascertain as early as practicable the grades of the differ- 
ent streets in the city, and so make them that the gradua- 
tion may be can-ied out under his supervision, and of his 
successors in of&ce, beginning in the central parts of the 
city, and extending gradually to the city limits, so that the 
whole city may be properly drained. 

To furnish the scale of gradation of all new streets, and 
all streets to be paved, shelled or rejiaired, and to report to 
the mayor any person improperly marking out or graduat- 
ing any street, alley, lane or side-walk. 

To make the plans, specifications, estimates and examina- 
tions provided by these ordinances, and whenever called on 
to do so by the mayor, aldermen or common council, and 
keep a record thereof in his o£&ce. To see that all contracts 
for making or repairing any street, lane, alley or side-walks 
are faithfully executed. 
To fix course ^0 determine and fix all corners of streets and fronts of 
and fronu of lots, and give a certificate thereof when called on by the 
'°'^' owner, who shall pay two cents per running foot to the 

surveyor therefor. 

To furnish the running lines and levels for the erection 
or repair of all buildings, houses, walls or fences fronting on 
any street, or to make or repair any and all side- walks. 

And to provide the lines of the streets, alleys, lanes, 
fronts, side-walks, &c., he shall take such steps for the per- 
manent marking and defining them as he may deem advisa- 
ble, and keej) a record in his ofl&ce of all such marks as he 
may make, or such bolts as he may place. 

§ 363. It shall be Ins duty, under the direction of the 
mayor, to exercise immediate supervision over the streets, 



Survey all 
lands. 



Ascertain 
the g:rades 
of streets, 
and continue 
them. 



Furnish 
scale. 



Make plans. 



See that con 
tracts are 
compUed 
with. 



Furnish 
lines and 
levels. 



Lines of 
streets, &c. 



Under the 
mayor to 
supervise 
streets, &c. 



STREETS. 



187 



lanes, alleys, side-walks, &c., of the city, and to direct and 
control the force, laborers, horses, carts, and other working ^^^g^'''®^' 
power that may be provided for the working of the streets. 

To keep a correct record of the time they are employed ^ord o7em- 
from day to day, which he shall report monthly to the city alTd TepOTt. 
treasurer. 

To keep a correct account of all implements of every de- Jo^unt^^f'*"' 
scription belonging to the city, and used on the streets, and'?epo'rt 
which may be in his custody, charge or keeping ; and make mo^nths. ^^° 
a report thereof at the end of every three months, account- 
ing for loss or destruction of any, and any deficiency not biuty. 
accounted for satisfactorily, shall be charged to him, and 
deducted, by order of the finance committee, from his salary. 

And whenever, in his opinion, it may be necessary to re- 
new or erect any bridge or bridges, he shall report the same bridge' ^^ *° 
to the mayor, with an estimate of the probable cost and ex- 
pense of it. 

He shall daily examine the streets, lanes, alleys, vacant ^m^/e^^' 
lots and side- walks of the city, and cause them to be kept ^"''"^'^' *'°- 
clean and in good order, and to report to the mayor all per- °''''^^- 
sons who may be guilty of violating any of the ordinances mtyor.*" 
relating to streets. 

S 364. That from and after the 1st of Januarv, 1858, with sano- 
he may appomt, with the sanction of the mayor, an " over- mayor may 

'' i^i- ^ . . appoint 

seer of the street force," who shall receive from the city overseer of 

' ■' street force. 

fifty dollars a month for his services as such. He shall re- ^^^^^^^ ^^^ 
ceive and execute such orders as the surveyor may think 
proper to give for the employment and government of the 
force to be employed upon the streets. 

And shall report to the surveyor, under such regulations shaii report. 
as he may establish. 

§ 365. That until the 1st of January, 1858, the present 
street inspector shall fill the ofi&ce of overseer of the streets. 



ARTICLE VI. 

An Ordinance to grant the right of way to the Mobile and Ohio Railroad. 

§ 366. — Sec. 1. Be it ordained, That the Mobile and 
Ohio Kailroad Company are hereby invested with the right Adopted, 



188 ORDINANCES. 



of way through the following named streets within the cor- 
porate limits of the city of Mobile, to wit : commencing 
on Hunt street, at the junction of the same with Koyal 
street, and running through the center of the said Hunt 
street to the river ; also through AVater street and Com- 
merce street, from Hunt street to such point or location in 
the southerly part of the city as the said company may se- 
lect for their dej)ot, with the right of passing from Water 
street to the river through St. Louis street. Church street, 
and Canal street, or any other street that the company may 
select south of said Canal street ; also through Hunt street 
in a westerly direction from Koyal street to Broad street, 
thence to Canal street or any street south of the said 
Canal street, and thence easterly through the said Canal or 
other street to the river ; with the privilege of laying down 
a single railroad track through the center of either one or 
more of the above named streets as the said company may 
select, and the right of running the ordinary railroad cars 
thereon : provided, however, that steam power shall not be 
used in any of the streets within the corporate limits, south 
of Hunt street. And provided, also, that lights shall be 
attached to the cars when used at night, and at all cross- 
ings warning shall be given, so as to prevent collision, and 
generally, care shall be taken by the said railroad company 
and its officers, so as not to interrupt, or in any way em- 
barrass the public ; and free use of the streets and thorough- 
fares through which the said railroad may pass, and pro- 
vided further, that nothing in this ordinance contained 
shall be so construed as to debar the said mayor, aldermen 
and common council of Mobile from granting the same 
privileges herein provided for to other corjjorations or indi- 
viduals, in case the same shall not be improved and used by 
the railroad. 

An Ordinance to gi-ant the right of way to the Mobile and New 'Orleans 
Railroad Companj'. 

Ado ted § '^^'^" — ^^^' "'"• ^^ ^'^ ordained. That the city surveyor 

May, 1854. \^q^ g^j^jj \^q jg hereby required to survey and lay off Virginia 

street in accordance with the established plan of the city. 



STREETS. 189 



and wlien completed, report to the president of the Mobile 
and New Orleans Railroad Company. 

§ 368. See. 2. That the said Mobile and New Orleans 
Railroad Company shall then have the privilege of opening 
and grading said Virginia street, in strict conformity to the 
lines and boundaries furnished by the city surveyor, on the 
condition that said street be placed in good traveling con- 
dition by the said railroad company, free of cost to the city. 
And the said Virginia street, when completed, shall and is 
hereby declared to be condemned to the use of the city as a 
public street, and as such shall be kejDt open for the free 
use of the public forever. 

§ 369.— /S'ec. 3. The Mobile and New Orleans Railroad 
Company are hereby invested with the right of way through 
the corporate limits of the city of Mobile as follows, to wit : 
entering the city at its western limits, immediately north 
of where Virginia street strikes the western limits of the 
city, thence along the northern line of said street, in the 
continuous width of one hundred feet north of the north- 
erly boundary line of Virginia street to the west line of 
Hamilton street. And it shall be for said company to es- 
tablish their principal depot, to wit : at any point on Vir- 
ginia street west of the west line of Hamilton street, and 
east of the east line of Ann street, between Virginia and 
Maryland streets, with the privilege of laying down a single, 
double, or treble track, which shall be on the first fifty 

of said way, north of Virginia street, the main track being 
in the middle of said fifty feet, and the remaining fifty feet 
of way shall be opened and graded by the said Mobile and 
New Orleans Railroad Company, free of expense to the 
city, to be used as a public street, forever. Said railroad 
company shall have the privilege to traverse the track with 
their engines and cars, driven by steam or locomotive pow- 
er, the city reserving the right to prohibit the use of steam 
within the city limits, whenever the corporate authorities 
shall consider it necessary to do so. 

And it shall also be lawful for the said Mobile and New 
Orleans Railroad Company to locate along the line of said 
route, within the city limits, other depots, not to exceed 



190 ' ORDINANCES. 



two in number, at such points as said company may find 
expedient : provided said company shall open at their own 
expense, around said depots, streets fifty feet wide, and 
provided, also, that lights shall be attached to the cars 
when used at night, and at all crossings warning shall be 
given so as to prevent collision, and general care shall be 
taken by the said raiboad company so as not to interrupt, 
or in any way embarrass the public in the free use of the 
streets and thoroughfares through or across which the said 
railroad may pass. 

An Ordinance to sive the right of way to the Mobile Bay Road, and to the 
Mobile and Spring Hill Plank or Shell Road Company. 

§ ZlO.—Sec. 1. Be it ordained, That the Mobile Bay Koad 
Company is authorized to construct the road of said com- 
pany upon either one of the streets known as Conception, 
Lawi-ance, and Cedar street, from any point south of the , 
south line of Government street to the Bay of Mobile, and 
from thence along the Bay of Mobile upon the street known 
as Bay street, as far as the same extends as now opened, 
and from thence along the bluff of said bay, in conformity 
with charter of said company, to the southern limits of the 
city. But no toll gate shall be erected north of the inter- 
section of Conception and Bay street, and no planks, ex- 
cept for bridges and culverts, shall be laid on Conception, 
Lawrance, or Cedar streets. 

§ 371.— /S'ec. 2. That the Mobile and Spring Hill Plank 
or Shell Eoad Company is authorized to construct the road 
of said company from the western limits of the city east- 
ward to Broad street in the city, crossing Kilmarnock, 
Ann, or any other street which it may be necessary to cross ; 
but said streets shall not be in any way obstructed by the 
erection of barriers or gates by said company, but shall re- 
main at all times free and open. 



TAXES AND TAXATION. 191 



CHAPTER XXXIX. 
TAXES AND TAXATION. 

An Ordinance to provide for the Assessment and Collection of Taxes and 
Licenses. 

ARTICLE I. ASSESSOR AND ASSESSMENT OF TAXES. 
" II. COLLECTOR AND COLLECTION OF TAXES. 
" III. ASSESSMENT AND COLLECTION OF LICENSE TAXES. 



ARTICLE L ASSESSOR AND ASSESSMENT OF TAXES. 

§ 372. Be it ordained, Tliat real property or estate Property, 
when referred to in this ordinance shall include real pro- to include. 
perty as defined in section 24 of this Code, and land, 
houses, hereditaments, permanent fixtures or attachments 
thereto, out of the city, if extended to and attached to real Real, 
estate within the city, if by means thereof such property 
out of the city is made an adjunct to the carrying on of 
any business in the city, including water- works and gas- 
works for supply of the city. 

And personal proj^erty or estate when referred to includes personal, 
personal property as defined in section 24 of the Code, and 
all matters of a temporary or movable property in which a 
right can be had or riches consist, and income, (except 
salary and wages for hire, which shall not be taxed.) 

§ 373. That in assessing property no distinction shall be what dis- 

. 1 T T • 1 1 tinction may 

made as to persons, but may be made m the property taxed be made in 
as shall seem meet and proper by the mayor and the presi- 
dents of the two boards. 

That a license to carry on any trade, business or pursuit License not 
shall not be deemed a tax on the property employed or the 
income derived from it. 

A poll tax of one dollar shall be laid and assessed on all poii tax of 

■^ , , $1 assessed. 

free male adults in the city. 

§ 374. That on the first Monday in March, at or after 



192 ORDINANCES. 



Assessor 
elected. 



the expiration of tlie term of the present incumbent there 

shall he elected in convention from the resident freeholders 

Term. ^^ ^^^ ^-^.y^ ^^ "asscssor of taxes " for the term of three 

Bond. years, who shall give bond in the sum of five thousand 

Salary. dollars and receive an annual salary of fifteen hundred 

dollars, payable monthly. 
Vacancy, When a vacancy occurs by death, resignation or removal 
from the city, the convention shall elect a person with the 
same qualification, who shall hold office until the next first 
Monday in March, and for three years thereafter. 

Duties. *■ ' . . ., . 

Office in the He shall keei3 his ofiice in the municipal buildings and 

municipal ^ ^ . . 

buildings, dcvote his entire time and attention to the duties apper- 
taining to his ofiice, and shall hold the books and papers 
relating to his ofiice, at all times during business hours, 
open and free to the inspection of every person. 
Shall make § 375. That cacli municipal year he shall make a full 
eldfyea"' and Complete assessment of all the real and personal pro- 
pteted^^^fore pcrty iu the city, which shall be completed for each ensuing 
in February, municipal year before the first Monday in February. 
Clerk shall In ordcr to aid him in doino: this, the city clerk shall 

furnish him . i . • i i i t • i t 

with alpha- each year furnish him with an alphabetical list oi the 

betical list '' ■■■ 

of voters, yotcrs iu the city, who voted at the then last election, the 
ranged. uamcs to bc arranged in the wards in which they voted. 
Note each Aud as cach person whose name is on the list, is assessed, 

name. _ ^ _ ' 

he shall note it opposite to the name. 
add^r '° ^^ -^^^ every person whose name is not on the list, shall be 

added thereto when he is assessed. 
Clerk to And on the next list made by the clerk he shall add such 

thTns'^to'hia names as appear from the assessor's last returns, and not 
found in the list of voters. So that each year's returns of 
names by the assessor and the voter's Hst, may aid him in 
making full assessment. 
Commence § ^76. He shall bcgiu not sooner than the 1st of De- 
each warJu cembcr, and as soon thereafter as practicable shall appoint 
in each ward in the city a time and place for taking assess- 
fjotice. ments, notice of which shall be given by advertisement for 
ten consecutive days of publication in the ofiicial news- 
paper. 



TAXES AND TAXATION. 



193 



§ 377. assessor's notice. 

Notice is hereby given tliat on the 14th day of Decemher, 
1857, I will attend at (J. B. C's.) on Munroe street, be- 
tween Koyal and Water, between the hours of (9, A. M.,) 
and (4, P. M.,) to assess the property in the (5th ward) at 
which time and place all persons are required to give in 
their assessment of property. 

DANIEL WALKEK, 

Assessor. 
Mobile, Dec. 1st, 1857. 

At which time all persons shall be required to give ah persons 

-■- ^ shall give 

their assessments at such of the places as they please, and their assess- 
any person failing so to do shall pay to the assessor 25 
cents. 

§ 378. At such time and place he shall attend and shall ^faiTauend 
well and truly assess the property of every person, setting ail property. 
forth a list and description of the property assessed, (using 
the city maj^s when applicable,) its value, the name of the 
party assessed and his business, in form substantially as 
follows : 



NAME, BUSINESS, 
AND RESIDENCE. 


DESCRIPTION OP PROPERTY. 


VALUE. 


A. B., broker, 


House and lot, north side Dau- 






Mobile, 


phin, between Royal and Water 

streets : 








55 feet front; 110 feet deep, - - 




^5,000 




5 negro men, ------ 


^5,000 






4 horses, -------- 


800 




Unknown owner. 


Vacant lot, south side Munroe, 
between Roj^al and Water 
streets : 








60 feet front ; 120 feet deep - - 




5,000 



He shall use all diligence to ascertain all persons and Ascertain aii 

o i persons and 

property that are subject to assessment, and assess them. l^^^^lJ 

When he has filled his appointment in each ward of the shaii com- 
city, he shall (aided by the clerk) compare his assessment me'^ts wUh' 
with the lists made by the clerk, and note all that are not "^^ ^ '^ ^' 
assessed. 



194 ORDINANCES. 



Then \ritii S® shaR then (aided by the city surveyor) compare the 
surveyor, property assessed with a correct map of the city, and ascer- 
tain what real estate is omitted in his assessment, and shall 
assess it. 
Shall assess He sliall then assess all persons on the list not already 
sessed. assessed, and all others who he can ascertain have not been 

assessed. 
Unknown And whcre owners are not known he shall assess the 
same to " nnknown owners.'" 



owners. 



May admin- In ascertaining all assessments the property to be as- 
sessed, the owner, its value, its description, or any other 
matter within the range of the duties of assessing the pro- 
j^erty, he is authorized and empowered to administer an oath 
in the following form : 

Form of I do solcmuly swear, or affirm, that the list I have de- 

oath. . . 

livered contains all the taxable property I have in any 

manner in my possession, within the limits of the city of 

Mobile, subject to taxation, and that I do not know of any 

other, so hel]3 me God. 

A. B. 

Subscribed and sworn to ) 

before me, j 

D. Walker, 

Assessor. 

Shall be filed WMch shall be filed in the office of the city clerk, that 
he may ascertain the value of property subject to assess- 
ment from the oath of the person, any information that he 
Cash vaiua- j^ay obtaiu, or from his own knowledge, but the only rule 

of appraisement shall be the cash value of the j^roperty. 
Person re- § ^79. And if auy person shall refuse to make oath as 
take"oath above, lic shall be assessed double. That when his assess- 
douwe'!'^ ment shall be complete, he shall arrange and copy alpha- 
when com- bctically in plain and legible hand- writing, in books to be 
colly alpha- providcd by the city, lists of the assessments, and shall 
have the books comi:)leted and properly made up for the in- 

To be com- . ^ . , . . i /• i 

pieted before spectiou and USB 01 tuB City authonties, on or beiore the 

1st Monday '■ . . 

in February, f^j-gt Mouday lu February m each year. 

to be return- S 380. That the assessment shall be returned to the city 

ed to clerk. '^ 



TAXES AND TAXATION. 195 



clerk as soon as completed, not later than the first Monday ^"^'i^t"^ 



Sworn to. 



The State of Alabama, 

Mobile City. (" ^X°^ 



in February, verified by the oath of the assessor as follows: petouary" 

} 

I, Daniel Walker, assessor of taxes for the city of 
Mobile, solemnly swear that I have assessed all of the tax- 
able property, both real and personal, so far as I know or 
have been able to learn after the most diligent endeavor 
and inquiry, that I have valued the property so assessed 
and set it forth in the tax list, according to the best of my 
knowledge and judgment. 

DANIEL WALKER. 
Subscribed and sworn to before \ 
me, this day, Feb. 1st, 1858. j 

Jones M. Withers, ' '■'] 

Mayor. 

Or by any justice of the peace, which shall be written at sy mayor or 
the end of the assessment lists. 

The clerk shall file the same and enter a copy of it on £ierk shaii 

^ '' tile copy, 

the records of the city. 

And on the day that the assessment list is filed and re- 4ayor°and 
turned into his ofl&ce he shall notify, in writing, the mayor pr^^i^ents. 
and the presidents of the two boards of the fact. 

§ 381. That as soon thereafter as is convenient, the mayor Mayor and 
and the presidents of the two boards shall meet and form a shaii meet. 
court, and assess the number of cents on the dollar to be 
taxed on the property listed and returned by the assessor. 

They shall make an order of record requiring ten days' A"/ ™''i!'«' ^'^ 

'' T. o i/ order ot pub- 

notice to be given in the official newspaper by consecutive }i^e^a°s" si'-^' 
publications, that the assessment and tax laid thereon ™y"„r'^i5!f.^ 
are ready and open for inspection by all persons interested, aafobj'ec^-"'' 
and that all objections thereto must be made within twenty m°ade."'^^ 
days after the date of the first publication of the notice, and 
set a day not less than twenty days after the first publica- 
tion of the notice for the hearing of all exceptions thereto. 
§ 382. The notice may be as follows : 

Office of the City Clerk, ) Form of 
MoUU, 185 j "°'"" 

Public notice is hereby given that the assessment lists of 



196 ORDINANCES. 



taxable real and personal property in the city of Mobile for 
the year 1858, have been completed and returned to the 
mayor, aldermen and common council, by the assessor, and 
are open for inspection at my office. 

All persons feeling themselves aggrieved by the assess- 
ment of their property are hereby requested to make and 
file their exceptions in my ofi&ce on or before the 
day of at which time the same will be heard. 

D. L. CUMMINS, 

City Clerk. 

Clerk shall And it shall be the duty of the clerk to see that the 

Bee that no- ... 

tice is given noticc IS givcu immediately. 

at once. ° ■' 

Clerk shall § 383. Tho city clerk shall attend all meetings and record 
meetings, all of the proceedings of the said court throughout their ac- 
tion on the assessment lists. 

He shall receive and file all excej)tions to the assessment 
lists, and shall make a docket thereof, which he shall lay 
before the said court, 
^e't.'sha'ir^ § ^^^- On the day apjDointed for the hearing of excep- 
™ke'up ob- tions to the lists, or on such day to which the court shall 
io^nside^r^"^*^ coutiuue sucli hearing, they shall meet in the court room of 
^'"" the mayor, and shall take up, hear and determine each ex- 
ception filed, and shall decide thereon as a majority of them 
may deem just and right. 
What shall They shall distinctly and clearly state the decision made 
on all exceptions, and that all exceptions filed have been 
heard and decided, and that, save as excepted to and altered 
upon the hearing of the exception, their previous actions 
are in all things confirmed, and that the assessment and the 
number of cents to be paid as assessed by the court be and 
are fully determined as assessed and laid as taxes on pro- 
perty in the city, for the municipal year beginning with the 
first day of December of each year, and ending with the last 
And ordered day of Noveuiber next thereafter. Said entry shall contain 

to he re- ■' •/ 

cie'rk to''^ an order that the action taken by the court be at once report- 
ed by the clerk to the mayor, aldermen and common council. 
§ 385. The clerk shall at once give the notice to tlie boards 
of aldermen and common council, who shall separately convene, 



boards. 



TAXES AND TAXATION. 197 

attended by the city clerk, and shall cause an entry to he made fh" Toirds 
reciting that they have received said notice and have met, ^ene and" 
and that they find the ^proceedings conformable to law, and aotioL which 
that they are aj^proved by them, which shall be apj^roved by approv^ed by 

, 1 mayor. 

the mayor. 

§ 386. That the city clerk shall at once prepare a list ofcierkshaii 

• • 1 • • p 1 1 prepare 

the assessment so made containing a description ot the real lists of real 

. property. 

property, with its valuation and the tax assessed and laid 
thereon. 

And the amount of the personal property assessed to And personal 

-*- . property. 

each person, with the tax assessed and laid thereon. 

And the name of each person liable to a poll tax, and the Andpoiitax. 
amount of such poll tax, and shall submit said list to the mayor. 

§ 387. The mayor shall thereupon append thereto his Warrant to 
warrant to the tax collector of the city as follows : tax collector 

State of Alabama, | 7,j^_,,.„ r)^.„ Form of 

City OF Mobile. y^J-ayoi s Uffice. ^^„^^^_ 

To the Tax Collector of the City of Mobile : 

Whereas, The mayor, aldermen and common council of 
the city of Mobile, did, on the day of 

18 assess and lay upon the assessed value for the year 
eighteen hundred and of the real and personal 

property hereafter described, the several sums set opposite 
thereto, and also the poll tax as therein set forth, for a tax 
for the municipal year eighteen hundred and 
as follows : [Here set out the list.] 

Now, therefore, you are hereby commanded to make levy 
and collect of the goods and chattels, lands and tenements 
of the said persons, the said several sums of money set op- 
posite the real and personal j)ro23erty above described, and 
the poll taxes herein set forth as the taxes therein, for the 
year aforesaid, and to attach and sell the said lots and 
lands to make the said several sums of money and costs, 
and make return of this warrant with your proceeding 
thereon on or before 

Griven at Mobile, this day of 18 

JONES M. WITHEES, 

Mayor. 



198 ORDINANCES. 



ARTICLE II. TAX COLLECTOR AND COLLECTION OF TAXES. 

Taxcoiiector § 388. Be it ovdained, That there shall be annually 

elected in convention a " tax collector," 
Bond. Who shall give bond in the sum of twenty thousand 

Fees. dollars, and receive three per cent, on his collections of city 

taxes, and no more. 

Duty to pay K 389. It is his duty to pay over to the Fireman's In- 
over to Fire- «J J r J 

^oe co'^""^ surance Company of the city of Mobile, on Monday of each 
weekfraake "^^eek, the amouut collected by him of taxes on real estate, 
tak^rlcerpls ^ud to report to the boards of aldermen and common coun- 
taty'taxcoi- oil the uames of persons fi-om whom collected, and the 

amounts from each, with the receipt of the secretary of the 

company for the amount paid by him. 
Eeports and Such roports and receipts shall be filed and recorded by 

receipts 

filed, &o. the city treasurer. 

Pay over all R 390. Ho shall pay over to the city treasurer on Mon- 

other mo- «J i. j ^ 

treasurer ^^1 °^ b2ich weok all moucy collected by him for taxes from 
shau report, ^^^ Other sourcos, and make weekly report thereof to the 
*"'■ boards of aldermen and common council, with the names of 

the persons from whom collected, and the amounts from 

each, and the receipt of the city treasurer. 
Reports and Sucli roport and receijits shall be filed and recorded by 

receipts filed 

with clerk. tllO City Clerk. 

He shall be R 391. He shall bc charsfed with, and accountable for 

accountable " o j 

for^ whole the wholo amouut of the assessed taxes in each year, and 
he shall only be released from such liability by showing the 
entire insolvency of the person assessed, of whom he has 
failed to collect the taxes. 

And by showing that the amount of his account cannot 
be collected by the exercise of the utmost diligence, and 
the use of all the means given by law. 



Who ex 
cused. 



Property of § 392. That if any real property shall be assessed to un- 

unknown i i i i 

owners, kuowu owucrs, or to pcrsous who are known, and the taxes 
or dues assessed on them are not paid within sixty days 
from the time when the said taxes or dues are required to 
be paid, 

He shall give notice (in the official newspaper, or by 



TAXES AND TAXATION, 199 

printed sheet circulated therewith, and kept for public in- Notice to be 
spection at the mayor's office, as shall be deemed most ex- 
pedient and least expensive) of the lots and real estate on 
which the taxes are unjjaid, describing them so that the lot description. 
may be pointed out, and that he will, at a certain time and 
place named, proceed to sell such of the lots and lands upon ^=^'s- 
which the taxes and dues are unpaid, or so much thereof as 
shall be sufficient to pay the same. 

And on the day and at the time appointed, or on such ^'^a" s^"- 
day as he may then adjourn it to, he shall proceed to sell 
any and as many lots on which the taxes and dues are not 
j)aid, or so much thereof as will satisfy the tax, and one Fee. 
dollar as a fee for the advertisement and sale, and a certiii- 
cate thereof. 

§ 393. That he shall give to the purchaser at such sale certiiicate. 
a certificate to the following effect : 

I, James H. Daughdrill, tax collector of the city o{^^^^^^ 
Mobile, do hereby certify that the city taxes for the year 
18 — (or the particular tax or assessment as the case may 
be) being due and unpaid on a lot of land in the said city, 
bounded and described as follows : (here insert a description 
by metes and bounds), I have this day sold the same (or 

such part as he may sell) to , who has j)aid the taxes 

thereon, amounting to dollars, including my fee of one 

dollar for expenses of sale, and by virtue of the authority 

to me given by law, I authorize the said and his 

assigns to hold the said premises until the same shall be 
redeemed according to law. 

Witness my hand and the seal of the city, this — day of 

, 18-. 

JAMES H. DAUGHDRILL. 
Attest, D. Cummins, 

Clerk. 

And the mayor shall cause the seal of the city to be af- 
fixed to the certificate. 

The tax collector is empowered, and it is his duty to put 
the purchaser in possession of the premises sold to him 
within thirty days after the sealing of the certificate, which 



200 ORDINANCES. 



shall be evidence of a right to possess the premises therein 
specified, and to retain them until redeemed, as provided by 
law. 

§ 394. That if any purchaser of a lot under a sale by 
the tax collector, shall fail or omit to pay any subsequent 
assessment or tax, he shall forfeit all right under his pur- 
chase and certificate to the city of Mobile, and shall be 
bound to relinquish the possession of it. 

And if such lot is subsequently sold for taxes, the per- 
son holding under the former sale shall, after notice of the 
subsequent sale, be deemed and held guilty of unlawful and 
forcible detainer, and shall be liable to any suit or action 

Assessment ^t the instaucc of the person entitled to the possession. 

IS a hen. g ^^^ That such part of the assessed taxes as cannot 

be collected by the means j^i'ovided in this ordinance, shall 
continue a li^n on the property assessed until paid. 

Collector 1 i. J x ^ 

shall irom And the tax collector shall be authorized from time to 

time to time n r • 

offer for sale, time to olfer and expose to sale, under the foregoing provi- 
sions, such lots as shall not have the tax paid thereon, and 
like certificate shall be given in cases of any subsequent 
sale, and similar proceedings shall be had thereon. 

Shall report ' ■■■ => 

thTmayor, § 396. That lic shall inquire and ascertain during 

not^assessed cvcry wock, and report to the mayor any and all taxable 
property not included in the assessment made by the city 

withade- assessor, and which is not in the list furnished to him. 

scription of jj^ ^^.^^^ report the property, with a description of it, the 
owner, if known, or if unknown so report, its cash value as 
near as he can ascertain, verified by his own aflidavit, as is 

same powers doue bv the asscssor, and for the objects of this section, he 

as assessor. 

, „ shall have the same powers as the assessor. 

Mayor shall ■■■ 

notify boards Q-^ rcceivuig such rcport, the mayor shall notify the pres- 
Aotion to be i^euts of the two boards, who shall meet with the mayor. 
had. ^j^^ g^^g]^ property shall be assessed and taxed in the 

same manner as is provided for the assessment and taxation 

of property returned by the city assessor. 

When so assessed, the mayor shall issue his warrant as 

before provided. 



TAXES AND TAXATION, 201 



ARTICLE III. ASSESSMENT AND COLLECTION OF LICENSES. 

An Ordinance to provide for assessing and collecting Licenses to carry on 
business in Mobile. 

§ 397. Be it ordained, That all loersons (mechanics who subject 
carrying on their trade or journey work excepted) trading 
or carrying on any business, trade or profession in the city, 
shall obtain a license for the same in the manner herein- 
after prescribed, under penalty of not more than fifty dol- Penalty, 
lars, nor less than the amount of tax for the license, to be 
repeated every day until the license is taken. 

That such licenses are divided into three grades : Three grades 

The first grade is assessed at - - twenty dollars. 

Third. 



" second " " - - - ten dollars, ^°°" " 



" third " " - - - five dollars, 

and all persons obtaining a license shall pay the amount, 
according to the grade in which he shall be assessed. Partners. 

The several members of a partnership conducting busi- 
ness under one firm name, and without any branch busi- 
ness, and not having two distinct jjlaces of business, shall 
be treated as but one person in obtaining a license, if the 
license is obtained in the name of such firm. 

And no license to one person or firm shall be used as a ^^eTlonio^ 

T , , T J, whom is- 

ncense to any other person or firm. sued. 

Nor for any other business than that for which it is is- Nor for any 

other busi- 
SUed. ness. 

But the person or firm may change the place of business, B"* "^^ 

'^ J !D x } place 01 may 

or may take a partner, or may change the partnership if ancfpMt^ner 
the business is the same. S|ld. 

And no license shall be required of any mechanic carry- ^ot required 
ing on his trade or journey work, nor of any person follow- Cf, &c!^^"" 
ing any manual labor, pursuits, or the business of a clerk. Nor manual 
bookkeeper, minister of the gospel, teacher of a school for cierl-.' minis- 
the education of youth, or holding any salaried ofiice, nor of schools, 

. n • 1 salaried offi- 

for any busmess (not professional) wherein the person em- cers, &o. 
ploys no capital, but conducts it solely by his own skill and 
attention, without the aid of employees. 



202 ORDINANCES. 



Assessor g 395 r^]^Q ^[^y assessov sliall, at the beffinninor of the 

shall assess O ..' 7 o o 

^j^^^JP®"^^"" municipal year, and from time to time, dihgently assess 
every person trading or carrying on any trade, business or 
profession in the city, he shall class such persons into three 
ireegra ^ g^jjfjgg^ g^^^j shall determine the grade in which each shall 
be assessed as to him shall seem fair and just ; to ascertain 
the grade he is authorized to act upon such information as 

May require lie cau gct, Or on his owu knowledge, or he may require any 

answer on o ■/ . ^ ± ^i 

oath. person to answer upon oath any cjuestion that he may deem 

^"usfn'To" iiifiterial ; if such person refuse so to answer he shall be 
be cui'd fn classed in the first grade, 
first grade. rpj^^ asscssor shall take down in wiiting the name of each 

Name to be o 



taken. 



Name of 
firm, &.C. 



person and firm. 

The name under which each business, trade, pursuit, or 

profession is carried on or followed. 
Payment Wlicu the asscssor shall assess any one under this ordi- 

Se Tt once nance, and such person is content with the assessment, 
rs"ued. " payment may be made to him, and he shall fill up a blank 

license and give it to the payer, and receive and receij^t for 

the money. 

He shall pay, each day, to the city treasurer, all sums so 
^v^re'ach rsceived by him, reporting in wi-iting the name of the 
•^^y- person from whom the money was obtained, and taking his 

receipt therefor. 
Shall report Hc shall at least once in each week, and as much oftener 
^^^^ ^' as may be required by the aldermen or common council, 

report in writing his whole action in assessing and collect- 
ing licenses. 
Shall ac- And shall account to the mayor for every license given 

mayor." to him by the mayor, and shall furnish the treasurer's 

receipts for the money, save for so much as he has on hand 

and exhibits. 
Shall be S 399. That every person who shall fail to pay license to 

taUen out "J^ '' ^ , . 

within ten tlic asscssor, is required to obtain one from the city clerk 
within ten days after his assessment, or file, in writing, his 
objection thereto with the clerk of the city. 

Clerk shall Aud tlic clcrk shall place the case on a docket and note 

je'cuw'" the fact that objections are filed. 

The clerk shall from day to day pay into the city 



TAXES AND TAXATION. 203 

treasury all such sums as shall be received by Mm forshaiipay 
licenses, stating, m writing, from whom collected and the treasurer. 
amount from each, taking the treasurer's receipt therefor. 

S 400. That every person failing to take out license failing to 

"^ *' -^ '^ take license. 

within ten days after he is returned by the assessor, shall 
be fined twenty dollars, and five dollars for each day that 
he shall continue to neglect to take out his license. 

But no person shall be held to be a delinquent while his Proviso. 
exceptions are j^ending, nor within ten days after a decision 
thereon. 

And every person failing to obtain a license within ten 
days after his assessment, and failing to file exceptions, or 
failing, within ten days after a decision on his exception, 
shall not be protected from the effect of his previous delin- 
quency by obtaining a license, but the license shall only 
take effect from the time it is taken out, and shall expire, 
as license shall expire, on the first of January then next 
ensuing, 

And no abatement shall be made of the price assessed. 

§ 401. That for the convenience of those who are subject f^Y^bS 
to license, the mayor is authorized to procure a book of assessor? 
blank licenses, and he may from time to time issue as many 
blank licenses as he may see fit, 

Which shall have the grade one, two, three, written on conditions. 
the face of them, which, being countersigned by the city 
clerk, the mayor may place in the hands of the city 
assessor, in all cases taking his receipt therefor, specifying 
the number of each grade received. 

That the city clerk shall open a license account with the cierk shaii 

'' ■■- open ac- 

assessor, which he shall keep fully and correctly posted. ''o""' '^'"^ 

' 1- J -J i. assessor. 

He shall, at least once in each week, procure from the g,^^,, 
mayor the receipt of the assessor, for licenses given to the maTOr a^ses- 
assessor, and shall charge him with the same, specifying the^°'^'^^°'"'"^ 
number of each grade. 

And shall each week, and as much oftener as he may be Ami procure 
required, obtain from the treasurer a list of all payments surer lists of 
made by the assessor to him for licenses, 

And shall credit the assessor therewith. 

§ 402. That the assessor shall, at the expiration of every 



204 ORDINANCES. 



^fairsurren- ^^'° ^celvS, aucl as mucli oftener as may be required by the 
not used?"'^^ city autliorities, surrender to the mayor all blanks not used, 
Clerk shall ""'hicli the mayor shall cancel and turn over to the city clerk, 

who shall credit the assessor therewith, 
Shall make And the city clerk shall, within one day after such time, 

rejoort in writing to the city authorities the state of the 

assessor's account, 
cierkmake R 403. That the city clerk shall make an alphabetical 

alphaheticai o ^ i 

lists of all i]gt of all persons assessed for licenses, the s-rade to which 

persons as- J- 70 

iS'es?' *^^y ^i"6 assessed, 

Showing who has taken out a license and who has failed 

to do so, and who has filed exceptions which are not disposed 

of. 
^fau m°ake To aid . him in which the assessor shall make weekly 
Tortsl^'"- reports, 

Clerk shall Aud the clerk of the city shall place on the mayor's 
ma5w°s docket, at the beginning of each week, the name of every 
nam'es of persou who has not paid a license, that his case may be 

those who ^ -^ ^ '' 

fail to take tried. 

licenses. 

The mayor shall, at least once in each week, take up the 

Mayor shall ./ 7 7 1. 

each week clocket for delinquents, and shall cause the clerk to issue a 

take up this J- ' 

docket. sunimons, signed by the mayor, notifying such person to be 
and appear before the mayor, at a day therein named, and 
show cause why judgment should not be rendered as pro- 
vided by this ordinance. 

§ 404. The summons may be as follows : 



Form sum- StATE OF ALABAMA 

mens. City of Mobile. 



} 

To the Marshal or to any Police Constable of said City: 
Whereas, It hath been duly made known to me that 
was delinquent on the day of 
185 in the payment of dollars duly assessed to 

and due from to the " mayor, aldermen 

and common council of the city of Mobile," for the proper 
license which ha failed to obtain. You are therefore 
commanded to summon the said to 

be and appear before me, at the office of the mayor of said 
city on the day of 185 to show cause 



TAXES AND TAXATION. 205 

why judgment should not be rendered against 
for the penalty provided for in the ordinances of said city 
in such cases, and have you then and there this writ. 
Witness my hand this day of 185 i' 

Attest : Mayor. 

City Clerk. 

§ 405. The case shall be heard by the mayor like any How heard, 
suit for a penalty, and the proceedings, judgment and exe- 
cution shall be carried on in the manner that cases are tried 
by a justice of the peace for the collection of money, and if 
the iudgment is rendered against the person summoned, 

"^ .'^ . . '- Execution 

execution shall issue for the judgment and costs., may issue. 

Each day's delinquency shall create a distinct penalty, ^^'"'^ '^^y'^ 

J i- J L J 7 delinquency 

and for each delinquency a separate warrant shall be|.jjg^°'" 
issued. 

Nothing in this section shall be construed so as to pre- License to 
vent the collection of the license, but the same shall be col- also!" "^ ' 
lected as provided for in this ordinance, in addition to the 
jDenalty. 

§ 406. That all licenses shall be signed by the mayor. How signed. 
and countersigned by the city clerk. 

The clerk shall keep an account in which he shall be ^^^^^ ^^^ 
charged with all licenses placed in his hands, and credited ™ ^«<=°"'it- 
with all license money paid by him into the city treasury, 
for which he shall have the treasurer's receipt, specifying 
for whose license the money is paid ; in each week the clerk 
shall credit himself with such licenses as may remain in his 
hands. 

The account shall be reported once each week to theTobei 
mayor, and shall be accompanied with all licenses that re- fy to 
main in his hands, which shall be taken by the mayor be- 
fore any other license is placed in the clerk's hands. 

If, during the week, the clerk shall have application for if cierk has 

' ° ' 111 . "°' •^'"■"k li- 

more licenses than he has on hand, the mayor may issue <=?"ses sum- 

' J J cient, mayor 

them to him, but they shall be accounted for and delivered ™^>' '^^"e 

' '' more. 

up as others. 

The mayor shall take from the city clerk a receipt for all 



ported -week- 
mayor. 



206 ORDINANCES. 



Form of war- 
rant. 



Mayor shall licGnses 2;iven to him, as in the case of the assessor, and the 

take a re- ^ , 

ceipt. clerk's receipt shall be filed and kept by the treasurer, un- 

til the clerk shall have fully accounted. 

iShit''" § '^^'^- l"^^'^* i* ^s *^6 d^^*y *^f *^® mayor from time to 
when^n'e- time to issuc his warrant to the tax collector, under the 
cessary. g^^^j q£ ^l^g city, authorizing and requiring him to collect 
such licenses as shall be assessed, and which shall have been 
returned for ten days, and to which no exceptions have been 
filed, or having been filed have been decided upon ten days 
or more. 

§ 408. State of Alabama, \j^,.^..,. q^^.. 
City of Mobile. | ^^^^^^ * ^'^^^' 

To the Tax Collector of said City: 

You are hereby authorized and required to collect of 
the sum of dollars, 

duly assessed and adjudged by the proper authorities of the 
city of Mobile, on the day of IS 

against for carrying on the business 

of in said city, and you are au- 

thorized and directed, in order to collect said sum, to levy 
upon and sell so much of the property of said 

as shall be sufficient to pay said sum of 
dollars, and the expense of advertising, the cost 
and expense of keeping the property levied on, and the sum 
of two dollars, fees, and that you have said sums of money, 
together with this wiit, before me, at the office of the mayor 
of said city, with all diligence, and according to law. 

In testimony whereof, I have hereunto set my hand, and 
affixed the seal of said city this day of 18 

Attest : 

Ilayor. 
City Cleric. 

Taxooiieot- § 409. Upou the receipt of such warrant, the tax col- 
or shaii levy 1 m 1 in n c i 

and soil on lector shall levy upon and sell so much oi the property ot 

sucliwar- i n i i. i. J 

rant. tlic pcTson asscsscd as shall pay the license, the expense of 

advertising, costs and expenses of keeping the }u-o])erty 
levied on, and the sum of two dollars, fees, to the collector, 
for executing the process. 



TAXES AND TAXATION. 207 

The process shall have the effect of a writ of fieri facias, shaii have 

^ . . , , / the effect of 

and the proceedings thereon shall be as is provided for exe- an execution 
cutions under the laws of the Stale of Alabama. 

§ 410. That the court provided for in Section 381 o^^^^^l^.^. 
this Code, shall meet on the first Wednesday of each month, J38{'shaii° 
and may adjourn from day to day, or to any day, to hear ceL^e".''" 
the exceptions filed to the license assessment, and judgment How. 
entered thereon. 

At least two days before any day set for the hearing of 
any exceptions, the city clerk shall give notice of it by one 
advertisement in the official newspaj^er. 

S 411. The notice may be as follows : Form of no- 

•^ "^ tice. 

J Office of the City Clerk, 

I Mobile, 185 

Public notice is hereby given that the assessments of 

licenses for the carrying on of trades, business, in the city 

of Mobile for the year 1858, have been comjDleted, and are 

on file in my ofiice, and are open for inspection. 

All persons feeling aggrieved by the assessment, are 
hereby requested to make and file their exceptions thereto 
in my ofiice, on or before the day of at 

which time the same will be heard. 

D. L. CUMMINS, 

City Glerk. 

S 412. Should the assessment so adiudged not be paid if ^ssess- 
within ten days after the decision, the mayor shall issue his j'^^t'g^aii' 
warrant to the tax collector, and he shall collect as in other '^^"''• 
cases. 

§ 413. That on the first Monday in each month, the tax xaxcoUect- 
collector shall report to the city clerk, in wiiting, his action porVmonihiy 
on all processes issued to him for collection of licenses. cess. ^'° 

The clerk shall, within two days after such report is cierk- shaii 

, - /> T 11 report to 

received, report to the mayor the state oi the collector s mayor. 
account, showing what licenses he has had to collect of each 
grade, against whom, what he has done with them, how 
much money he has paid to the city treasurer, and from 
whom collected. 

The collector shall each day pay to the city treasurer the 



208 



ORDINANCES. 



Collector 
shall pay to 
treasurer. 



Clerk shall 
credit. 



amount of the licences as he may collect, taking his receipt, 
which shall specify the name of the person from whom col- 
lected for licenses, 

Whereupon the clerk shall credit the collector's accoimt 
with such amount. 
Exceptions. § 414. That this ordinance does not apply to retailers 
of liquors, hackney-coaches, wagons, carts, drays and cabs, 
theatricals, circus, or other exhibitions for public amuse- 
ment, to keepers of taverns, to keepers of nine or teu-j)in 
alleys, nor to any other j^erson upon whom the city may 
impose a license tax without the restrictions in the Act of 
the legislature of Alabama, approved February 9th, 1850. 



CHAPTER XL 



TREASUREK. 



An Ordinance to provide for a City Treasurer. 



Salary. 

Duties. 
Keep office. 
Hours. 



Set of books. 



Attend meet- 
ings of com- 
mon council 
and keep 
their 
records. 



Receive all 
money. 



§ 415. Be it ordained, That there shall be annually 
elected in convention a city treasurer, who shall give bond 
in the sum of fifteen thousand dollars, and receive a salary 
of sixteen hundred dollars, to be paid monthly. 

§ 416. He shall keep his office at the municipal build- 
ings, where he shall attend from 9 o'clock, A. M., till 3 
o'clock, P. M., each day. It is his duty, 

To keep a regular set of books, in which fair entries shall 
be made of all things pertaining to, or done in his office. 

To keep a regular account of all the indebtedness of the 
city, and also what is due to it. 

To attend at all the meetings of the board of common 
council, and make full and proper entries and records of all 
orders, resolutions, ordinances, opinions and proceedings of 
the board. 

To receive all money paid to the city from every source 
of revenue, and to pay it out, only by order of the two 
boards, approved by the mayor. 



VAGRANTS AND DISORDEELY PERSONS. 209 

To make weekly reports in writing to the two boards, of weeWy-re- 
all money received by him, from whom and from what 
source of revenue, and of the amounts paid out by him on 
account of the city — to whom and to what department. 

These reports shall contain statements of facts, and his Contents of. 
opinion thereon, if he think fit. 

To carefully file and preserve in his office all books and Keep aii 

1 • 1 1 IT 1 ^ • -t • r> 1 • books and 

papers which may be delivered to him by virtue of his papers. 
office. 

To deliver over to his successor in office, or to the P®''^®'' '° 

' his successor 

board of common council, all books, papers, moneys, ^^^fy'hins- 
accounts and property belonging to his office. 

To perform all other duties required by the city ordi- orhlrTuties. 
nances or by-laws. 

To perform all other duties generally, under the direction General du- 
of the mayor, which treasurers of cities are required or 
accustomed to perform. 



CHAPTER XLI. 
VAGRANTS AND DISORDERLY PERSONS. 

An Ordinance to prevent Vagrancy and Disorderly Conduct. 
5 417. Be it ordained. That all vagrants, idle or disor- ah persons 

•^ 7 o ^ vagrants, 

derly persons of evil life or ill fame — all j)ersons that have jf^'lg^/"^ ^l' 
no visible means of support, or are likely to become charge- 
able to the city as paupers, all persons who may be found 
begging, all persons drunk in or about the streets, all per- or drunk,"r 

T •, • • Til i*Ti loiterers, or 

sons loitering in or about bar-rooms or tipplmg-houses, no business. 
all persons who have no reasonable course of business in the 
city. 

All who have no fixed place of residence, all who are of residlnTe, 
grossly indecent in language or behavior publicly in therndecent.or 
streets, all public prostitutes or such as lead a notorious, or keepers^' 
lewd or lascivious course of life, all persons occupyinar houses houses shau 

• ^ • 1 1 iTi -1 • • T -. -1 be fined. 

m the city, who shall keep the same m a riotous or disorderly 
manner, or permit such conduct on his premises, shall be 
fined fifty dollars. 



210 



ORDINANCES. 



CHAPTER XLII. 



WATER-WOEKS. 



No person 
shall injure 
any of the 
works. 



Penalty. 



Penalty for 



No person to 
use water 
unless per- 
mitted so to 
do. 



No person 
authorized 
to use, shall 
sell it or give 
it awav. Sec. 



;' An Ordinance respecting City Water- Works. 
(This Ordinance is retained in the language as adopted prior to 1843.) 

§ 418. Be it ordained, That if any persons shall wilfully 
cut, deface, remove, uncover or otherwise injure or disturb 
any of the logs, or wooden or iron pipes used for the con- 
veyance of the water from Spring Hill into the city of 
Mobile, or any of the leaden pipes or other j)ipes which may 
lead ft'om the wooden or iron pipes aforesaid, or any of the 
hydrants, stop-cocks, fire-plugs, or other fixtures attached 
to the wooden, iron or leaden pipes aforesaid, he, she or they 
so offending, for every such offense shall forfeit and pay 
the sum of twenty dollars, to be recovered with costs, be- 
fore the mayor or any one of the aldermen of the city of 
Mobile. 

§ 419. That if any person or persons shall wilfully 
destroy, or in any manner injure or deface any of the reser- 
voirs constructed in the city of Mobile for the reception of 
the water conveyed into the said city of Mobile from Spring 
Hill, he, she or they so offending, shall forfeit and pay for 
every such offense the sum of twenty dollars. 

§ 420. That if any person or persons shall use the water 
conveyed into the city as aforesaid, without having first 
obtained permission from the said mayor, aldermen and 
common council, or person holding under them, so to do, 
he, she or they so offending, shall forfeit and pay double 
the sum of money he, she or they would have been required 
to pay to the said mayor or aldermen and common council 
or other jierson holding under them, for the privilege of 
using the said water, to be recovered with costs as aforesaid. 

§ 421. That if anj^ person or persons authorized by the 
said mayor, aldermen and common council, to use the said 
water, shall sell any of the said water, or give away the 
same, or use it for any other than household purposes 



WATER-WORKS. 211 



without the special license of the said mayor, aldermen and 
common council (or the person or persons holding under 
them) he, she or they so offending, shall forfeit and pay for ^^"^''y- 
every such offense the sum of five dollars, to be recovered, 
with costs as aforesaid. 

S 422. That if any person or persons shall wilfully waste shaii not 

<J , . permit 

any of the said water, or wilfully permit the same to run to waste. 
waste, he, she or they so offending, for every such offense 
shall forfeit and pay the sum of twenty dollars, to be Penalty. 
recovered with costs as aforesaid. 

§ 423. That if any person or persons shall carelessly or f^,g''^"™'to 
negligently leave the said water running or shall otherwise '^""'^°^^^'®- 
negligently waste the same, or negligently permit the same 
to run to waste, he, she or they so offending (or if a child 
his or her parents or guardian, or if a slave his or her 
master or employer) shall pay for every such act of care- 
lessness or negligence the sum of two dollars, to be recov- 
ered with costs as aforesaid. 

S 424. That if any plumber, or any person or persons if ^nypium- 

•^ '' i- ' '' r ± Ijer or work- 

shall conduct the said water from the said wooden or other ™a", ^'^f' 

conduct the 

pipes, or shall superintend the conducting of the same from ^^1"^^^^^. 
the said wooden or other pipes, unless authorized so to do forfeit $20.'^" 
by the said mayor, aldermen and common council of the 
city of Mobile (or the person or persons holding under them) 
such plumber or other person or persons shall forfeit and 
pay for every such offense the sum of twenty dollars, to be 
recovered with costs as aforesaid. 

^ 425. That if any person or persons shall commit any Any person 

»^ ./ J. r -J violating 

of the offenses enumerated in this ordinance, and shall be ""^ "■'d'; 

' nance, ii uu- 

unable to pay the price assessed against him or them for ^^^^''^j^p^^' 
such offense, he, she or they shall be committed to the ^p"^""®*^' 
city prison until discharged by the due course of law. 

§ 426. That if any slave shall commit any of the offenses siave, how 
enumerated in the first five sections of this ordinance, such ^™'^ 
slave for each offense, upon conviction thereof before the 
mayor or any one of the aldermen of the city of Mobile, 
shall receive not more than twenty lashes upon his or her 
bare back, unless the owner or employer of such slave shall 
pay such fine as may be imposed, agreeable to the provisions 
of this ordinance. 



212 ORDINANCES, 



CHAPTER XLIII. 

WHAEVES. 

An Ordinance respecting Wharves and the Wharf and Water Fronts. 

wh^rf'ftont. § 427. Be it ordained, That no wharf nor any other 
structure shall be built or constructed or extended, nor 
if built, constructed or extended, shall remain on the 
west side of Mobile river, if it projects east beyond a 
line commencing at the northern line of the city at a 
point from which a line running south six degrees east 
shall strike a j^oint in the northern line of Hunt street, ex- 
tended a distance of three hundred and thirty-eight feet 
eastwardly fi-om the west line of Front street, thence by a 
straight line to a point in the north line of St. Anthony 
street, extended two hundred and fifty-two feet eastwardly 
from the west line of Front street, thence by a straight 
line to a point in the north line of Conti street extended 
one hundred and sixty-five feet eastwardly from the west 
line of Front street, thence by a straight line to a point in 
the north line of Church street, extended two hundred and 
fifty feet eastwardly from the west line of Commerce street, 
thence by a straight line to a point in the north Hue of 
Theater street, extended one hundred and ninety-five feet 
eastwardly from the west line of Commerce street, thence 
by a straight line to a point in the north line of Main 
street, extended two hundred and ninety-five feet eastwardly 
from the west line of Water street, thence by a straight line 
to a point in the north line of New York street, extended 
five hundred and fifty feet eastwardly from the west line of 
Water street, and thence by a line running south twenty 
degrees and twenty minutes east to the bay, under penalty 

How con- of fifty dollars. 

structed. 

§ 428. That no wharf shall be constructed in the city, 
unless it is on piers or posts of hewn timber, and from an 
abutment extending east at least two hundred and fifty 



Penalty. 



WHARVES. 213 



feet from the east side of Water street, whicli abutment 
shall be filled up with clean earth, brick or stone, the sides Penalty. 
and ends be of hewn timber, stone or brick, under penalty 
of fifty dollars. llo^lte^ 

§ 429. That no building shall be erected between Eoyal aTwatT' 
and Water streets, unless the foundation be constructed of \elTon stone 
brick or stone, and filled up to the sills of the building with foundation, 
clean earth or sand, well beaten down. Nor east of 

Nor east of Water street, unless the foundation be made unless o^^ ' 
of hewn timber on the sides, and filled up with earth, sand, feiT" 
brick or stone, well battered and broken down, under pen- Penalty. 
alty of fifty dollars. 

S 430. That no person shall cast or throw any animal no mth to 

or *' be thrown 

or vegetable filth or putrescent matter or thing whatever 1;"'°,^*'"' 

from any of the wharves, or into the river or docks within 

the city, under penalty of fifteen dollars. Penalty. 



IIsTDEX: 



ORDINANCES 



INDEX TO THE ORDINANCES. 



ACCOUNTS. 3.oTroN. 

City trustees shall render, - - - - 53 

Cemetery, kept by treasurer, - - - - 70 

Against city, to be examined by clerk, - - - 90 

Clerk shall keep with treasurer, of all money, - 90 
Of expenditures shall be furnished by secretary of fire 

companies, _ . . _ - 112 

Of hospital, shall be kept by steward, - _ _ 165 

Inspector of fire-wood shall keep and report quarterl}^, 188 
Keeper of powder magazine, . . _ 271, 272 

Assessor shall, to mayor, for licenses, - - - 398 

Clerk shall keep and report quarterly, - - - 406 

Treasurer shall keep, ----- 416 

ADVERTISEMENTS. 

Printed by city printer, ----- 3 

Of assessment of taxes, - _ _ - 376 

Sales of stalls in market, ----- 207 
" nuisances, ----- 139,298 

Of objection to taxes, ----- 382 

Of unpaid taxes, - . _ - - 392 

ADULTERATIONS. 

Of milk prohibited, - - - - - 232 

Of liquors, -_-_-- 171 

AFFIRMATION. 

Is included in " oath," ----- 24 

AGENTS. 

Of slaves may pay fine for slave, _ - - 12 

Shall give bond for slave, - - - - - 13 

Duties of in reference to gunpowder, - - - 276 

Shall pay for injury by slave to side-walks, - - 358 

Of vessel, shall collect passenger tax of $2, - - 234 

ALARM. 

Bell, how rung for fire, ----- 266 

" " " " riot, tumult, or commotion, - 266 

Duty of police, when, - - - - 116,265,266 

" " " (see Fires,) - - 97-119 

« firemen, " - - - - 100 

" fire wardens, ----- 114 



218 



INDEX TO 



ALDERMEN. 

May try all violations of ordinances, 

Attorney shall advise, when requested. 

City clerk shall keep record of, - 

Duties of, as to fires, - - 

May authorize the pulling down of buildings, and 

erections, to stop fire, how ? - 
One of board to investigate origin of fires, 
May give pass to free negro, ... 

Three of, on hospital committee, . . . 

Duty of, as to citizen's patrol, ... 
Shall co-operate with mayor, in enforcing ordinances, 
President of, duty as to secret fund, - - - 

Shall meet in municipal buildings. 
Duty of, in designating lines for erections, &c., 
" as to assessment of taxes, ... 



ALIEN. 

Passenger shall pay tax of ^2, ... 

" list of, to be reported, - . . 

" master or consignee shall collect, - 
" if likely to become a charge, security re- 
required, . . - _ . 

ALLEY. 

Drivers in, to keep on right hand side, 

Around markets, to be kept clear, 

Trees in. not to be injured, .... 

Surveyor shall mark out, grade, and supervise work, 

AMUSEMENTS. 

Slaves, or negroes, shall not have balls, &c., except — 
Forbidden on Sunday, .... 

License, and how exhibited — public, 

ANIMALS. 

Not to be tied to tree or shrub, in graveyard. 
Dead not to be left on premises, - - . 

" how removed, .... 
Not to run in public squares. 
Exhibitions of, to be licensed, 
If injure side- walks, owner shall pay for, - 
And if owner is unknown, shall be sold. 
Not to be thrown in the docks, - 

APOTHECARY. 

Students in hospital to act as, - - 

Sunday ordinance does not apply, 



- 5-8 
31 

- 90 
97-119 

- 110 
126 

- 129 
158 

- 239 
247 
269 

- 280 
341 

385, 396 

234 

234, 235 
234 

- 235 

80 

- 213 
343 

- 362 

34,35 

308 

315, 316 

73 

- 141 
9, 140, 145 

- 295 
- 315, 316 

- 358 
358 

- 430 

163 

- 305 



ORDINANCES. 219 



APPKOPRIATIONS. section. 

City property for payment of debts, - - - 50-53 

For improving cemeteries, - - - - 70 

Account of shall be kept by city clerk, - - 90 

Fines of fire ordinance to firemen's fund, - - - 119 

How asked for, by hospital committee, - - 160 

Secret fund, ----- 267-269 

ARMORY. 

Established, (see Military) - - - - 228-231 

No alterations, except — ----- 230 

ARRESTS. 

Warrant, form of, - - - - - 17 

How made, ------ 254 

Alderman or councilman may direct, &c. - - 247 

Duty of police, and powers, - _ - 253-258 

ASSEMBLY. 

Unlawful, to be dispersed by citizen's patrol, - - 241 

Duty of aldermen and councilmen at, - - - 247 

Defined, of slaves, four or more, - - - 323 

ASSESSOR OF TAXES. 

Elected, bond, salary, and vacancy how filled, - - 374 

Duties, -.--_- 375-381 

May administer oath, ----- 378 

Duties as to license tax, _ . - - 398 

" " for taverns, &c., - _ - 172 

" lists of names, - - - - 375 

Shall surrender all blanks furnished by mayor, - - 402 

Shall have office in municipal buildings, - - 286 

" assist clerk in making lists, - - - - 403 

When collector may act as, - - - - 396 

Surveyor shall aid, _ . . . _ 378 

ASSESSMENT OF TAXES. 

For M. and Ohio R. R. Co., - - - - 58, 59 

" " " " 2 per cent, for five years, 61 

For opening, &c. of streets, drains, and by jury, - - 334 

Proceedings thereon, _ - - 335^ 336 
For shelling, paving, planking streets, by maj'or and 

surveyor, ------ 349 

Proceedings thereon, - - - 349^ 350 

For city, ------ 372-380 

On notice, all persons shall render, - - - 377 

Surveyor shall aid assessor, - - - - 378 

To be returned to city clerk, by first Monday in 

February, ----- 380 

Court of shall meet and act, - _ - 381-385 



220 INDEX TO 



ASSESSMENT OF TAXES. (Continued.) 


S£CTIOII. 


Objections considered by them, _ . _ 


381 


-384 


Duty of aldermen and common council, - 


- 


385 


" clerk thereon, - . - - 




386 


" maj'or to issue warrant for. 


- 


387 


Shall be made by collector, when not assessed, 




396 


Duty of court of assessments in reference to, 


- 


396 


Licenses assessed for business, &c., - 




397 


ASSISTANT. 






Engineers, (see Fires, 97 to 119,) 


- 


102 


Marshals, (see Police, 248 to 258,) - 




248 


" duties of - - - - 


- 


250 


" office in municipal buildings, 




288 


ATTORNEY. 






Election, term, ----- 


- 


31 


Duties, - - - 




31 


Bond, - - - " - 


- 


32 


AUCTIONS. 






Trustees of market may sell at, - - - 




39 


Vessels that are nuisances may be sold at. 


- 


139 


Property " " u a . . 




298 


" " " in the streets, sold at, - 


- 


357 


Animals " " " " 




358 


Stalls in market to be sold at, - - - 


- 


207 


Not to be held in streets or side-walks, 




353 


AWNINGS. 






How erected over side-walk, - _ - 


- 


354 


BADGE. 






Slave shall have, when, _ . _ _ 




830 


BAIL. 






Form of, - 


- 20, 21 


Aldermen and councilmen may take, - - - 




247 


Slaves, how to give, . . - - 


- 


13 


Children or minors, how to give, _ _ - 




13 


BALANCES. 






How inspected — shall be, - - - - 


19L 


-193 


Duty of clerk of market as to, - - - 




213 


What to be used in market, - - _ 


- 


219 


BALCONY. 






How erected over side-walk, - - - - 




354 


BALLS. 






Masked or public unlawful, except by the permission 






of mayor, - - - - - 33, 


315, 


316 


Free negro or slave shall not give, - - _ 




34 


" " " " " attend, 


- 


35 



ORDINANCES. 221 



BANK, SAVINGS. s=°"o:.. 

Market bonds payable at, - - - - 37 

Sinking fund deposited in . _ . _ 40 

Duties therein, _ . _ _ . 4], 

Riglit of removal thereof, - - - - - 42 

Trustees of city shall deposit in, - - - 56 

BANK— Faro. 

Not to be exhibited, &c., - - - - 130, 131 

BARGE. 

Included in word " vessels," - - - - 24 

BATHING ESTABLISHMENTS. 

Sunday ordinance does not apply to, - - - 314 

BAWDS. 

How dealt with, ----- 417 

BAY ROAD. 

Right of way to, - - - - - - 370 

BEAMS AND SCALES. 

Shall be inspected, how, - - - • - 191-193 

Duties of clerk of market as to, - - - - 213 

What used in market, . _ - - 219 

BEASTS. 

Driver of, to have good reins or lines, - - - 81 

Not to be driven rapidly in streets, - - - 81 

Dead, not to remain on premises, - - - 141 

" how removed, - - - - 9, 140, 145 

Not to run in public squares, - - - - 295 

If injure side-walks, owner shall pay for, - - 358 

If owner is unknown, shall be sold, _ - - 358 

Not to be thrown into the river or docks, - - 430 

BELLS. 

If larger than hand bell, not to be rung in streets, except — 36 
Market bell, how rung, ----- 213 

Fire and alarm, how rung - - - - 266 

BEGGARS. 

How dealt with, - - - - - - 417 

BIENVILLE SQUARE. 

Established, (see Public Squares, 291-298,) - 291 

BILLIARD TABLES. 

Licensed, (see § 61 of City Charter,) 

Forbidden on Sunday, - - - .- - 308 

BOARD OF HEALTH, ----- 135 

" aldermen, _ - - - - 280 

" councilmen, ----- 283 



222 INDEX TO 



BOARD OF HEALTH. {Continued.) section. 

" investigation, origin of fires, _ - - 126 

" examination of assessments, - - - 385, 396 

BOARDING HOUSE. 

Not to permit gaming in - - - - - 132 

Shall be licensed, ----- 172 

Duty of keeper, ------ 173 

" " as to paupers, - - - - 237 

Sunday ordinance does not apply to, unless — - - 305 

BOATS. 

Included in " vessels," - _ . - 2-i 

Fire wardens sliall examine, _ . - - 121 

If nuisance, shall be removed, how, - - - 138 

BONDS. 

For minors and slaves, how given, - - - 13, 14 

To answer offense against State, - - - - 20 

For witness, ------ 21 

Free negro shall give, ----- 128 

Masters, &c., of vessels, shall give, that passengers shall 

not be a charge on city, - - - - 235 

Contractor for opening, &c., streets, drains, and shall 
give, ----- 

Of city printer, . _ _ - - 2 

" office, - - - - - - - 26, 27 

" treasurers, - - - - - 27, 415 

" attorney, ------ 32 

" sexton, ------ 68 

« clerk, ------- 90 

" physician of hospital, - . - - 161 

" steward, " - - - - - 164 

" inspector of hay, ----- 174 

" city ganger, ------ 178 

" inspector of Imnber, . - - _ 182 

« " fire-wood, - - - - 184 

" " weights and measures, - - - 190 

" clerk of market, - - - - - 212 

" marshal and deputy marshals, - - - 248 

" keeper of powder magazine, - - - - 270 



335 



survej'or, 



359 



" assessor of taxes, . - - . - 374 

" collector of taxes, ----- 388 

" pawnbrokers, ------ 243 

Issued by city to pay southern market, - - 37, 44 

« " " " " secured, - 39, 45, 46, 47 

" " " " " how and when 

paid, ----- 40,41,45,46 



ORDINANCES. 223 



BONDS. (Co7itumed.) section. 

May be payable in New York, - - _ 43^ 44 

Ordinance to be printed on back, _ . - 48 

To provide for old claims under Act of 1843 and 1848, - 49, 57 

Issued in 1843, secured, - - - - 50, ^1, 52 

" for M. and Ohio R. K. Co., - - - - 58, 63 

" taxes pledged to pay, - - - - 64 

" for debts in 1858, (Note,) - - - - 65 

BRANDS. 

No burning, to be carried in street, - - - 124 

BRAWLERS. 

Drivers of cabs shall not be guilty of, - - - 87 

Not permitted in public houses, _ _ . 473 

Duty of citizen's patrol as to, - - - - 241 

" aldermen and councilmen as to, - - 247 

" marshal and police as to, . _ . 249 

Forbidden, ------ 303 

" on Sunday, - - - - 304-314 

" at theater, &c., - - - - 318, 319 

To prevent and punish, ----- 447 

BRICK BUILDINGS. 

How erected between Royal and Water streets, - 429 

Within fire limits, - - - - - 120 

BROKERS. 

Pawnbrokers regulated, - - _ - 242-245 

BUGGY. 

Licensed for hire, ------ 82 

Duties of drivers, - - - - . 37 

BUILDINGS. 

When and by whom pulled down during fire, - - 110 

How erected within fire limits, - - - 120 
Wardens shall examine, ----- 121 

Chimneys of, shall be swept, - - - - 122 

Fire-arms nor works to be let off in, - - - 124 

How much powder may be kept in, - - - 274 

Municipal, - - - _ _ 279-290 

Shall not be erected until line is designated, - - 341 

Shall not be removed, if dangerous, - - - 343 

None to be erected east of Front street, - - 343 

Surveyor shall report if any are dangerous, - - 360 

How erected between Royal and Water streets, - 429 

" " east of Water street, - - - 429 
BURIAL. 

Place of, - - - - - - 66, 67 

Certificate of age, sex, &c., before, - - 69, 71 



224 



INDEX TO 



BURYING-GROUNDS. section. 

General regulations. ----- 66 

Old and new graveyard establislaed, - - - 66 

All bodies to be buried therein, - - - ^7 

, -- Sexton elected, bond, and duties, - - - - 68 

He shall take care of fences and walks, - - 68 

" prevent defacing of tombs, &c., - - - 68 ■ 

" bury paupers, how, - - - - 71 

" superintend the digging of all graves, - - 68 

In cases of dispute, mayor shall decide, - - 71 

He shall keep map of the grounds, - - - 71 
No corpse to be buried until a certificate is given of 

age, sex, disease, &c., - - - - 69, 71 

Clerk shall record the certificate, - - - - 69, 71 

Record shall be called Registry of Deaths, - 69, 71 

Shall issue order for burial, - - - - 69, 71 

"When clerk is sick, sexton may act, how, - - 69, 71 

Shall pay over weekly to treasurer, - . _ 69, 71 

" keep map, entries to be made on it, - - 69, 71 

" sell lots, &c., - - - - - 69, 71 

S&r^o?! shall keep copy of register of deaths, - - 69,71 

Shall make monthly reports to boards, - - - 69, 71 

" not be interested in sale of lots, - - 69,71 

Treasurer shall open cemetery account, - - - 70 

" " pay sexton monthly, - - 70 

Committee on public grounds shall expend the ceme- 
tery fund, ------ 70 

Owners of lots shall conform to regulations, - - 72 

Unlawful to hitch or tie animal to tree or shrub, - 73 

No stone or monument to be injured, - - - 303 



BUTCHERS. 

Regulations concei-ning, (see Market,) 
Houses or pens forbidden. 



209-227 
142 



BY-LAWS. 

To be published, 

How enforced, - - - 

Attorney shall prosecute, 

Clerk shall keep record of, 

Of fire companies, 

Ma3'or shall enforce, - - - 

Aldermen and councilmen shall assist. 

Marshal, duty of, as to. 

Police, - - - - 

Treasurer shall keep record of council, 



3 

5-14 

32 

90 

97 

246 

- 247 

249 

253-258 

416 



ORDINANCES. 



225 



CAB. 

Shall be licensed, - - - - - 

Fare, ------- 

Drivers of, shall take loads. 

Shall have lamps lighted at night, - - - 

Duties of drivers, ----- 

Shall not be engaged in racing, 

Shall place copy of sections 83 and 84 in conspicuous 
place, ------ 

Fee for license to clerk, . - . - 

Shall not be driven on side-walks, 

CANDLE FACTORY. 

How established, 

CAPTAIN OF THE GUARD. 

Elected, (see Police, 248 to 258,) 

Duties of, ----- - 

Office in municipal buildings, - - . 

CARDS. 

Not to be played for money, - - - - 

CARTS, DRAYS, AND WAGONS. 

Shall be licensed, ----- 
Owners shall number, - - - - - 

" " report any sale or transfer, - 
Duty of drivers of, when used for hire, 
Shall keep on right side of road, if practicable, 

" have good reins or lines, 

" not be driven rapidly, - - - 

Fee for license to clerk, - - - - 

Not to obstruct market premises, - 
Keeper of powder magazine shall have. 
Not to be used on Sunday, 
Sunday ordinance does not apply to milk, 
Not to be left in streets, - - - - 

Not to be driven on side-walks, - - - 

CARCASS. 

Not to be left on premises, 

Nor thrown into the docks, . - - - 

How removed, . - - . 



SECTION- 

82 
83,84 

84 

85,86 

87, 310 



91 
353 

94 

248 
251 

288 

130 

74 

75 

76 

77-79 

80 

81 

81 

91 

213 

272 

310 

314 

343 

353 



CATTLE. 

Not to be tied to tree or shrub in graveyard, - 

Dead not to be left on premises, - 

How removed, - - - - - 

Not to run in public square. 

Not to be driven in streets on Simday, 



- 141 
430 

9, 140, 145 

73 

- 141 

9, 140, 145 

- 295 
310 



226 INDEX TO 



CATTLE. {Continued.) section. 
Not to be owned by slave, .... 324 

How sold in streets, - ... - 353 

If injure side-walks, owners shall pay, or be sold, - 358 

CEMETERY. 

Established, (see Burying Ground,) - - - 66-73 

No stone or monument to be injured in, - - - 303 

CERTIFICATE. 

Of tax title to purchase, - . - - 393 

CHIMNEY. 

Shall be swept, - - - - - - 122 

Shall be examined by wardens, ... 121 

CHIEF ENGINEER. 

Elected — of fire department, . . - . 102 

Vacancy, how filled, - ... - 103, 104 

Duties, (see Fire Department,) - - - 97-127 

CHILDREN. 

Bonds for, how given, - - - - - 13, 14 

Parent or guardian shall pay fine, - - - 12 

If injure side-walks, parent or guardian shall paj"^ for, - 358 

CHRISTIAN SABBATH. 

Observance of, (see Sabbath,) .... 304 

CHURCHES. 

Not to be disturbed, . - - . , 311 

CITY PROPERTY. 

What is in trustees, . . . . 50-53 

Public, of the city, - - . - . 279-302 
Not to be injured, ------ 302 

All under direction of mayor and two presidents, - 301 

CITIZEN'S PATROL. 

Established, and duties of, .... 238 

CIRCUS. 

Licensed, and how exhibited, - - - - 315, 316 

Not permitted on Sundaj^, . . - . 307 

Police shall attend, - - . - . 317 

CLEANING STREETS. 

See Streets. .... - 357-364 

CLERK OF CITY. 

Elected, bond, salary, - - - - - 70, 90 

Office and office hours, . - - - 284, 90 

Duty to keep record of ordinances, &c., - - 30, 90 

Keep record of board of aldermen, - - - 90 



ORDINANCES. 



227 



90 
91 
69 



and 



CLERK OF CITY. {Continued.) 

General duties, . - . . 

Fees to be paid to treasurer, - - - 

Duties as to burying ground, - 

" " issuance of licenses of carts, drays, 

wagons, - - - - 

Duties to enter sales or transfers of, 

" as to slaves, - - - - - 

Shall record assessment of jury on streets, 

" furnish assessor with list of voters, 

" aid assessor of taxes, 

" file return of taxes, - - - 

Duty thereupon, - - - - - 

" as to action of mayor, - - - 

Shall file and record tax collector's receipts. 
Duty as to license tax, - - - - 

Shall keep account and report weekly, 

" give notice for objections to licenses. 
Duty of when collector reports on process, 

" " " pays money, - 

Shall keep account with treasurer, of all moneys, - 

CLERK OF MARKET. 

Elected, bond, salary, - - - - 

Duties of, (Markets, 206-226.) - 

Fees, ------ 

COACHES. 

Regulations for, (Carriages,) 

COAL. 

No burning coals to be carried in street. 

What is load of, - 

Shall not be placed in a dangerous place, 

COFFEE HOUSE. 

To be licensed, - - _ _ . 

Duties of keeper, _ _ _ _ 

COLLECTORS. 

Duties, (Tax Collector,) _ _ . 



COLORED PERSONS. 

Regulations for, (see Free Negroes,) 
" " (see Slaves,) 

COMBUSTIBLES. 

' To be placed as mayor, or one of aldermen or 
councilmen may direct. 
Fire wardens shall examine as to, 



- 74-76 

76 
325, 326, 330 

- 334 
375 

- 378 
380 

380, 382, 383 
386 

- 390 

- 399-403 

- 406 
411 

- 412 
413 

- . 90 

212 

- 213 
214 

82 

125 

78 

123 

- 172 
173 

- 59-64 

- 388-398 

24, 128, 129 

- 312-332 



123 
121 



228 



INDEX TO 



COMMON COUNCIL. 

Member of may try all violations of ordinances, &c., 

Attorney sliall advise when requested, 

Record of two boards kept by city clerk. 

May authorize buildings to be torn down to check fires, 



Duties of, as to fires, - - - - 

One of board to investigate origin of fires, 

May give pass to free negro, - - - 

Two of, on hospital committee, - - - 

Duty of, as to citizen's patrol, 

Shall co-operate with maj^or in enforcing ordinances, 

Duties of president, as to secret fund, 

Duty, as to assessment of taxes, - - - 

COMMITMENT. 

Form of ----- - 

May be made by aldermen and councilmen when, 
" " police when, 

" " " in cases of disorderly conduct 

at shows, theaters, &c., 

COMPLAINT BOOK. 

Shall be kept by surveyor, 

CONCERT. 



5-8 

31 

90 

110 

97-119 

- 126 
129 

- 158 
239 

- 247 
281 

396, 385 

- 22 

248 

253-258 



- 317-319 



360 



Shall be licensed, _ - _ - 


- 315,316 


Police shall attend, _ - . 


- 317 


CONSTABLE, POLICE. 




See Police, . . - - - 


248 


Duties and powers, ... 


253-258 


CONTEMPT. 




What is, and how punished. 


7 


CONTRACT. 




Shall be examined by city attorney. 


81 


Hospital committee shall approve when. 


159 


No person to, with slave. 


- 329 


For opening streets and drains, how made, 


335 


Surveyor shall record all. 


- 360 


" duty as to, - 


- 360-363 


CONDUCT, DISORDERLY, &c. 




Forbidden, . _ _ . 


303, 417 


" in public houses, - - - 


173 


" on Sunday, . - - 


304-313 


" at theater, - - - - 


- 318,319 


Drivers shall not be guilty of. 


87 


CONVENTION. 


• 


Meaning of in this code, - - 


23 


Shall elect city printer, 


2 



ORDINANCES. 



229 



CONVENTION. (Continued.) 




SECTION. 


Attorney, _ - _ _ 


- 


31 


May direct officer suspended to resume liis 


duty. 


29 


Shall elect sexton, - - - 


- 


68 


" " clerk of city. 


- 


90 


" " physician and surgeon of hospital, 


161 


" " steward, . . _ 


- 


- 164 


" " inspector of hay, - 


- 


174 


" " city gauger, - - - 


- 


- 178 


" " inspector of lumber. 


- 


182 


" " " of wood, 


- 


- 184 


" " " weights and measures. 


- 


190 


" " clerk of market. 


- 


212 


" " four master mechanics, 


- 


194 


" " keeper of powder magazine, - 


- 


- 270 


" " city surveyor, 


- 


359 


" " assessor of taxes, 


- 


- 374 


" " collector of taxes, 


- 


388 


" " treasurers, _ _ - 


- 


- 415 


CONTAGIOUS DISEASES, &c. 






See Pestilential Diseases, - 


- 


- 162, 169 


Board of health, . _ _ 


- 


- 135 


Quarantine, - - - - 


- 


- 146-156 


COPIES. 






Of register of deaths, - - - 


- 


- 69, 70 


Fees of clerk for making, 


- 


91 


COED "WOOD. 






How inspected, - - - - 


- 


- 185 


Unsound and short, forfeited to hospital. 


- 


185 


Drays shall carry only one-third of a cord. 


- 


- 186 


Seller shall set up posts, marked, 


- 


187 


CORPSE. 






How buried, &c., (Burying Grounds), - 


- 


- 68-71 


CORPORATION. 






Includes "person," - _ - 


- 


24 


COTTON. 






Three bales is a load for a dray, - 


- 


78 


Shall not be deposited on side-walk, - 


- 


353 


Shall not be deposited in street, way, ditch 


gutter 


, or 


drain, _ _ _ _ 


- 


- 343 


COUNTRYMEN. "* 






Shall have public stalls in market. 


- 


208, 221, 223 


COUPONS. 






For market bonds, . . _ 


37, 


39, 40, 44, 45 


May be made payable in New York, - 


- 


43 



230 INDEX TO 



COURT, MAYOE'S. bection. 

Powers, &c., of, - - - - - 5-9, 15, 279 

]\Iay punisli for contempt, _ _ - - 7 

JMarsbal shall attend, _ . _ - - 249 

Shall be held in municipal building, - - - 279 

COURT OF ASSESSMENTS. 

Duties of, - - - - - 381, 396, 410, 411 

CRACKER, FIRE. 

Not to be discharged or fired, _ _ _ 124 



DAMAGED. 




Mayor may prevent introduction of hides, goods, &c., 


140 


DANGEROUS DISEASES. 




See Board of Health, - - - - 


- 135 


Contagious diseases, - - - - - 


162 


Pest house, . _ _ _ . 


- 169 


Quarantine, ------ 


146-156 


DAY LABORERS. 




What is a day's work for slave, - - - 


- 331 


How slave may hire out, - - - . 


330 


DEAD, BURIAL OF 




How, (Burial, and Burying Grounds,) 


- 66-71 


DEAD ANIMALS. 




Not to be left on premises, - _ _ . 


141 


Nor thrown in docks, - - - _ 


- 430 


How removed,- _ - - _ 


9, 140, 145 


DEATHS, REGISTRY OF. 




Clerk shall keep, - - - - - 


- 69, 71 


Sexton shall keep copy of, - 


69,71 


DEBT OF CITY. 




City property appropriated for payment of. 


- 50-53 


For southern market, &c., - . - - 


37-49 


Taxes pledged to pay railroad bonds. 


64 


To provide for under Act of 1843 and 1848, - 


57 


« " « 1858, (Note,) 


65 


DECEASED PERSONS. 




To be buried only in graveyards, _ - - 


67 


See Burying Grounds, - - _ - 


- 66-71 


DEEDS. 




For land sold for taxes, - - . - 


393 


" market property, - - - . 


39 


" city property, (see Note,) _ _ - 


50 


DEFAULTING JURORS. 




How punished, ----- 


- 202 



OEDINANCES. 



231 



DELINQUENTS. 

How dealt with, (Ordinancks,) 
" " in fence disputes, 

" " in nuisances, - 

As to citizen's patrol, - - - 

Tax payers, - _ - - 

" license payers, 

DEPARTMENT, FIRE. 

Regulated and organized, (see Fires,) 

DIORAMA. 

Shall be licensed, - - - - 

DICE. 

Shall not be played for money, 

DIRT. 

None to be excavated from street, 

" " " " lot. 

Nor dug or hauled from street or ditch, - 

DITCHES.^ 

Shall not be cut in streets. 

No trash or obstruction to be placed in, - 

No dirt removed from, 

DISORDERLY CONDUCT. 

Forbidden in public houses. 

Persons shall not congregate at balls, etc., 

Drivers shall not be guilty of. 

Persons shall be kept from fires. 

Duty of citizen's patrol as to, 

" aldermen and councilmen as to, 

" marshal and police in case of, 
Forbidden, - - - _ 

" on Sunday, _ _ . 

" at theater and shows, &c., 
To prevent and punish, - - - 

DISEASES. 

Precautions against, (Board of Health,) 
Contagious and pestilential. 
Pest house, - _ - - 

Quarantine, . _ _ . 

DISTRICTS, FIRE. 

Alarm bell, to denote, - - - 

DOCKS. 

Not to be obstructed, (see Wharves,) 
Trash shall not remain, - - _ 



1-15 

96 

145 

- 240 
392-395 

- 399 

97-119 

315, 316 

130 

- 343 
143 

- 343 

92 

- 343 
343 

- 173 

33 

87 

114, 116 

- 241 
247 

- 249 
303 

304-314 
317-319 

- 417 

135 

- 162 
169 

146-156 

- 266 

138 
430, 139 



232 INDEX TO 



DOGS. 


SECTION. 


Respecting mad, (Note,) - - - - 


92 


DRAYS, CARTS, WAGONS. 




Shall be licensed, - - - _ 


74^76 


Sales and transfers of to be reported. 


76 


Duty of driver, when used for hire, - 


77, 78 


Fees — what is a load, _ - - - 


- 78,79 


Shall keep on right side of road. 


80 


" have good reins or lines, _ - . 


81 


" not drive rapidly, - - . 


81 


Fees for license, to clerk, - - - - 


91 


Not to obstruct the market, - - - 


213 


Not to be used Sunday, - - - - 


- 310 


Not to be left in street, . _ - 


343 


Not to be on side-walks, - - - - 


- 353 


DRAINS. 




How made, - - - - - 


333 


No trash, cotton, lumber, filth, &c., deposited in, - 


- 343 


DRIVERS. 




Not to load or unload on Sunday, 


310 


Duties of, of carts, . _ _ _ 


- 77-81 


" cabs, _ _ - _ 


82-89 


" drays, - - - - 


- 77-81 


Shall take loads, . - - - 


77 


Fees in drayage, - - - - - 


79 


Shall keep on right side of road. 


80 


Of carriages, hacks, cabs, &c., shall take loads. 


84 


Fare, ------ 


83 


Regulations for, of carriages, hacks, cabs, &c., 


- 82-89 


DRIVING FAST. 




Forbidden, . _ - . - 


- 81 


DRUMS. 




Shall not be beaten, except on parade occasions. 


93 


DRUNK. 




Persons in streets, how dealt with. 


- 417 


DUTIES. See various heads. 




EATING HOUSE. 




Shall be licensed, . - - - 


172 


Duties of keeper of, - - - - 


- 173 


Sunday ordinances does not apply to, unless, - 


305 


ELECTIONS. See various heads. 




EMPLOYER. 




Shall pay fine for minor, _ - - - 


12 


May " " slave, _ _ - . 


12 


Shall give bond for minor, - - - 


- 13, 14 



ORDINANCES. 



233 



ENGINE, FIKE. 


SECTION. 


Kegulated, (see Fires,) - _ - 


- 97-119 


House, withheld from trustees, - - - 


54 


Shall not run on pavement, - - - 


117 


ENGINEERS. 




Chief elected, - - _ - - 


- 102 


Assistants elected, - - - - 


102 


Vacancy, how filled, . _ - - 


103, 104 


Shall be furnished with' trumpets and hats, 


111 


See Fires, _ . _ _ . 


97-119 


ENGROSSING. 




Forbidden, _ _ _ - - 


224 


ENTERTAINMENT. 




House of, shall be licensed, - - - 


- 172 


" duties of keeper, _ _ - 


173 


EPIDEMIC. 

Precautionary measures for, (Board or Health,) 


- 135 


" Pestilential" diseases, . _ . 


162 


Pest house, _ . . . - 


- 169 


Quarantine, - - _ - . 


- 146-156 



EQUESTRIAN PERFORMANCES. 

Shall be licensed, . _ _ . 

ERECTIONS. 

May be removed, when, _ . . - 

Not to be made of house, unless on application to sur- 
veyor, &c., - - . - - 
Of partition fences how made, 
May be pulled down during fire, - - - 
See Buildings, Streets, Nuisances. 

EXECUTIONS. 

Form of, - - - - - 

EXHIBITIONS. 

Shall be licensed, - - - - - 

Not permitted on Sunday, . - - - 

EXPENDITURES. 

On the cemeteries, how made, .. _ - 

Account of shall be kept by clerk. 

To repair fire apparatus by city, - - - 

To buy trumpets and hats for engineers, 

Account of to be furnished, . _ - 

Hospital committee shall report, - - - 

Of secret fund, mayor shall report. 



315. 316 



343,9 

341 

95 

110 



18,19 



315, 316 
307 



70 
90 
107 
111 
112 
159 
268 



234 



INDEX TO 



EXTENSION. SECTION. 

Of streets, how made, . . - _ 333 
Not to be, unless by consent of city, . _ - 338 

All now open, are public, _ . . _ 337 
The act of, a dedication, _ _ . _ 339 

FACTORY. 

Soap and candle, how established, . - - 94 

FAME, ILL. 

Persons of, how dealt with, - - . . 417 

FANCY BALLS. 

Shall be licensed, - . - . . 315, 316 

FARE. 

Of cabs, carriages, hacks, &c., - - - - 83, 84 

FARO BANK. 

Forbidden, ------ 130,131 

FAST DRmNG. 

Forbidden, ------ 88 

" by slaves, ----- 324 

FEES. 

Burial, ------- 69 

Clerk's, paid into ti'easury, - - - - 91 

Inspector of hay, --..-- 175 

City ganger, - - - - - 180 

Inspector of lumber, ----- 183 

Inspector of fire-wood, - - . - 188 

Master mechanics, . . . - . 199 

Clerk of market, ----- 214 

City prison, -.---_ 263 
Keeper of powder magazine, - - - . 272, 277 
Treasurer's, for filing list of slaves to be left in charge 

of masters' premises, . - - - 325 

Clerk, for recording name of slave for hire or sale, - 326 

Badge for slave, ------ 330 

Tax collector, ------ 388 

Tax Assessor, 

FEMININE. 

Includes "masculine," - - - - - 24 

FENCES. 

Partition, how erected, _ - . - 95 

Disputes in relation to, how settled, - - - 96 

In graveyards, - - - - - - 68, 72 

Not to be injured, ----- 303 

When to be erected or changed, shall apply to surveyor, 341 



ORDINANCES. 235 



FEVERS. SECTION. 

See Contagious Diseases, to prevent, &c., - - 162 

" Board of Health, . - - - 135 

" Quarantine, ----- 146-156 

" Pest House, ----- 169 

FILTH. 

Not to be left on premises except, - - 137, 141 

" to remain in docks, - - - 138 

To be placed in front of premises, wben, - - - 144 

Not to be thrown in street, drain, gutters, &c., - 343 

" " " docks, - - - - 430 

FIGHTING. 

To prevent and punish, (see Quarreling,) - - 303, 417 

FINES. 

Shall be for benefit of city, how enforced, - - 9-15 

Less amount may be imposed unless restricted, - 8 

When imposed on minor, guardian or parent liable, - 12 

" slave is to be punished owner may pay, - 12 

Not affected by repeal of ordinance, - - - 15 

Clerk and treasurer shall keep account of - - 90 

Of fire department, how collected, - - - 97 

Applied to fire department association, - - 119 

FIRES. 

Fire department organized, - - - - 97 

Powers, duties and privileges, . - - 97 

Duty of each company to keep apparatus in good order, - 98 

Members, &c., exempt from poll tax, - - - 98 
Duty of foreman, ----- 99 

Duty of members when an alarm of fire, - - 100 

Engine not to be moved except by members, - - 101 

Officers must report, ----- 101 

Chief engineer and assistants elected, - - - 102 

Vacancy, how filled, of engineer, - - - 103 

« " " assistant, - - - 104 

Who qualified to vote for officers, - - - 105 

Clerk shall furnish lists of members, - - - 105 
Duties of chief engineer, - - 97,106,107,109,110 

Duty of officers to obey engineer, - - - - 106 
All persons attending fires shall assist when called on 

by an officer or fire warden, - - - 108 
How buildings may be pulled down, - - - 110 
No expelled member or person under 18 to be ad- 
mitted a member of company, - - - 113 
Eight fire wardens elected, duties, &c., - - . 114 
May elect president and secretary, - - - 115 



236 



INDEX TO 



FIRES. (Coiitinued.) section. 

Dut}' of police on alarm of fire, - - - - IIG 

Engine, hose cart, &c., not to be rmi on pavement, - 117 

Fire department ossociafioii, - - - - 118 

All fines under fire ordinance to be paid to, - - 119 

Fire limits, no wooden buildings within, - - - 120 

Wardens shall examine buildings, j-ards, &c., - - 121 

How side-walks shall be made in, . . - 351 

Chimneys shall be swept, - - . - 122 
Combustibles shall be placed as directed by mayor, &c., - 123 

Fire-arms nor works to be let off or discharged, - 124 
No burning coals nor brands to be carried in streets, - 125 

Board of, to investigate origin of, - ■ - 126 
Duties, ------- 127 

Fire ala;rrii.-s, how made, - - - - 266 

FIRE-ARxMS OR WORKS. 

Not to be let off or discharged, - - - - 124 

FIRE DEPARTMENT. 

Orgar.:zed, &c., (see Fires,) . - - - 97-119 

FIRE ENGINE. 

Companies organized, &c., see Fires, - - 97-119 

FIREMEN. 

Organized. See Fires, ... - 97-119 

FIREWORKS, OR ARMS. 

Not to be let off or discharged, - - - - 124 

FIRE-WOOD. 

How inspected, (see Wood,) - - - - 185 

Oul}^ one-third of cord to be hauled by one horse, - 186 

Unsound and short forfeited to hospital, - - 185 

Seller shall set up and mark posts, to measure, - - 187 

FIRE-PLACES. 

Wardens shall examine, _ . . . 121 

FISH. 

Stalls in market set apart for, - - - 210, 209 

Fees for vacant or public stalls, _ - _ 214 

Shall not be sold on Sunday, - - - - 216 

Not to be sold, except in market, - - _ 222 
None but pompanos and red snapper to be kept in ice, - 222 

FLYING KITES. 

Unlawful, - - - - - - 203 

FOOD. 

Shall not be sold in marlcet on Sunday, - - - 216 

FORESTALLING. 

Prohibited in market, ----- 224 



ORDINANCES. 



237 



FORFEITURE. 

How enforced, . - - - - 

Less amount may be imposed, unless limited. 
Inspector of fire-wood shall report, 

" weights and measures shall report, 
Of proceeds of nuisances, when sold, - 357, 

FREE NEGROES. 

Shall report each year to mayor, and be registered, 
and give bond, - - - - - 

Clerk fees for, . - - - - 

Shall not be out after ten at night without permis- 
sion from mayor, - - - - - 

See State law in Note, - ■ - 
FRONT STREET. 

No erections east of, - - - - 

Shall be 70 feet wide, - - - - - 

FUEL. 

Not to be placed where it is dangerous, - 

FUND, SECRET. 

Provided and regulated, . _ - - 

FUND, SINKING, 

Created by rent of stall in market, to pay for it, - 
" to paj^ bonds of 1843, . _ . 

FUTURE. 

Includes " present," . _ - - 

GALLERY. 

How erected over side-walk, - - - - 

GAMING. 

Prohibited, _ . . _ - 

Tables prohibited, . _ - - - 

No licensed retailer, hotel, tavern or boarding-house 
shall permit, - - _ - - 

No games or sports on Sunday, - - - 

GAS-WORKS. 

How taxed, 

Sunday ordinance does not apply to, 
GATES. 

Not to open on streets or side-walks, - - - 

GAUGER, CITY. 

Elected, ------ 

Duties of, ----- - 

Fees, ------ 

GIGS. 

Shall be licensed, - . . - - 



- 5-15 

8 

- 188 
192 

358, 298 



128 
91 

129 

- 129 

- 343 
345 

- 123 

267-269 

- 40, 41 
50-56 

24 
354 

- 130 
131 

132 

307, 308 

372 

- 314 

353 

- 178 
179 

- 180 

82 



238 INDEX TO 



GOODS. SECTION. 

May be removed if nuisances, - - . - 9 

Licensed to hawk and peddle, Iiott, - - - 133 

Mayor may prevent introduction of damaged, - - 140 

Shall not be sold to slave, unless by consent of owner, 319 
Not to obstruct street or side-walk, - - - 343, 353 

GOOD BEHAVIOK. 

Bonds for, how given, - - - - - 13 

To be preserved by police at all shows, exhibitions, &c., 317 
At theaters, to be preserved, - - - - 317-319 

To be preserved, - - - - - - 417 

GKADES. 

Of streets, not to be made without consent of owners, 338 
Shall be ascertained by surveyor, when application to 

shell, pave or plank, - . . . 34g 

Of side-walks, ------ 351 

Of licenses for business, _ . . - 397 

GRAVES. 

How dug and protected, (Burying Grounds,) - - 66-71 

GUARD. 

Organized and duties, (see Police,) - - - 248 

OfBce of, in municipal buildings, - - - - 289 

GUARD HOUSE. 

Established, &c., (see City Prison,) - - - 259 

GUARDIAN. 

Shall pay fine for minor, ----- 12 

May give bond for, - - - - - 13, 14 

Shall pay for minor's injury to side-walk, - - 358 

GUN. 

Not to be discharged in citj-, - - - - 124 

GUNPOWDER. 

Keeping provided for, (see Powder,) - - 270-278 

Fire wardens shall examine where it is stored, - 121 

HACKS. 

Shall be licensed, - ----- 82 

Fare and load, - - - - - - 83, 84 

Shall have lamps lighted at night, - - - 85, 86 

Duty of drivers, - . - - - 87 

Not to be engaged in racing, - - - - 88 

Shall have copy of sections 83 and 84 in each, - 89 

Fee for license to clerk, ----- 91 

Not to be driven on side-walk, - - - 353 

HAWKING AND PEDDLING. 

Shall be licensed, ------ 133 

Of meats and vegetables, prohibited, except, - - 134, 220 



ORDINANCES. 239 



TT A Y SECTION. 

Inspection of, ----- - 174 

What is a load of, - - - - - 78 

Not to be deposited in street, drain, &c., - - - 343 

Fees of inspector, ----- 175 

Duties of, - - - - - - 176, 177 

HEALTH, BOAKD. 

Organized, duties, _ - - . - 135 

Citizens shall not prevent or obstruct, - - - 136 

Trash or rubbish shall not remain on premises, - 137 

Nor in docks, ----- 138, 139 

HEALTH. 

Mayor may prohibit introduction of damaged goods, 
• hides, &c., ------ 140 

No dead animal or filth to be left on lot, except, - 141 

No slaughter-pen or butcher-house, - - - 142 

No excavation where water may stand, - - 143 
Filth and trash to be placed in front of premises, on 

Tuesday, Thursday and Saturday. - - - 144 
Regulations may be enforced by mayor at expense of 

owner, ------ 145 

Quarantine established, but not to be enforced until 

proclaimed by mayor, who shall define the length 

of time for its continuance, - - - 146-156 
Soap or candle factory, &c., shall not be permitted 

until board of health assent to, - - - 94 

HEARTHS. 

Wardens shall examine, - . - - - 121 

HIDES. 

Mayor may prevent introduction of, - - - 140 

HIRE OF SLAVES. 

Names of shall be recorded, - . . . 326 

No depot for, within certain limits, - - - 327 

Slave shall not hire his own time, - - - 328 

No person shall hire without consent of owner, - 329 

Slave shall have badge, how obtained, - - - 33C 

" " " shall not refuse to work, - 331 

What is a day's work, - - - - - 331 
Shall pay a tax of ^3, unless assessed as personal pro- 
perty, ------- 332 

HIGHWAYS. 

Regulated, &c., (see Streets.) - - - 333-371 

HOOK AND LADDER. 

Companies of, (see Fires,) - . - 97-119 



240 



INDEX TO 



HOSE COMPANIES. section. 

Authorized, &c., (see Fires,) - - - - 97-119 

Carts, " - - . 97-119 
HOKSES. 

Not to be tied to tree or shrub in graveyard, - - 73 

Drivers of to have good reins or lines, - - - 81 

Not to be diiven rapidly, - - . . 81 
Drivers shall remain near, ----- 87 

Dead not to remain on premises, ... 141 

Not to obstruct the market premises, - - - 213 

Not to run in public square, - . - . 295 

Not to be driven on Sunday, . . - - 310 

" " owned by slave, - - - - 324 

" " driven on side-walk, - . - . 353 

How sold in streets, ----- 353 

Posts may be set up to tie, . . - - 354 
HOSPITAL. 

City hospital established, - - ■ - - 157 

Hospital Committee, . . - . . 158 

Duties of, - - - - - - 159 

When applying for money shall state object, - - 160 

Physician omcI Surgeon elected, - - - 161 

Duties of, - - - - - - 162 

May appoint two students, how, - - - 163 

Students to act as apothecaries, &c., - - - 163 

Stetoard to be elected, - - - - - 164 

Duties of, ----- - 165 

Regulations as to admission of paupers, - - 166, 167 

" " " paying patients, - 166, 168 

" " " slaves, - - - 168 

Pest House, ...... 169 

" security to be given, (Note,) - - 169 

Private Hospital, how established, - - - - 170 

Mayor and committee to have access to at all times, - 170 
Short and unsound wood exposed for sale forfeited to 

city hospital, ------ 185 

U. S. marine hospital may use and close street, - 346 

Passengers shall pay tax of $2 to, - - - 234 

HOUR. 

To be cried by alarm sentinels, - - - 265 

HOUSES, PUBLIC. 

Chimneys shall be swept, ----- 122 

Nor fire-arm or M^ork to be discharged in, - - 124 

No gaming permitted in, - - - - 132 

Out-houses may be examined by board of health, - 136 

Filth &c., not to remain on premises, - - - 141 



ORDINANCES. 



241 



HOUSES, PUBLIC. {Contirmed.) 

Filth to be placed in front, on Tuesday, Thursday and 
Saturday, ------ 

Retailers licensed, conditions and duties, - 
Tavern, boarding-house, cofiee-house, restaurant, eat- 
ing-house, and all houses of entertainment licensed, 
Duties of keepers of, - - - - 

How much powder may be kept in, - 
Shall not be kept in a disorderly manner, 

HOUSES. 

How taxed, ------ 

Carriages, hacks, cabs, buggys, &c., shall not stand before. 
Wooden shall not be erected in fire limits, 
Fire warden shall examine, _ _ - - 

Chimnejrs shall be swept, - - - - 

No fire-arm or work to be discharged in, - 

Out-houses msij be examined by board of health. 

Shall be kept clean, - - - - ■ 

Butcher and slaughter, forbidden, - - - 

Filth, &c. not to remain on premises, 

" placed in front, on Tuesday, Thursday and 

Saturday, . . - - _ 

How much powder may be kept in, - 

How slave may be left in charge of, - 
If front on street, not to be erected until surveyor 

designate line, _ - - _ . 

To be removed, if dangerous, - - - - 

Surveyor shall report, . - 

" " number houses, (Note,) 

Side-walks, before, to be swept every day. 



144 

- 171 

172 

- 173 
274 

303, 417 

- 372 
87 

120 
121 
122 
124 
136 
137 
142 
141 

144 
274 

325 

341 
343 
360 
346 
354 



HOUSE OFFAL. 

Board of health may direct as to, - 
Not to remain on premises, - - - 

To be placed in front of house on Tuesday, Thursday 
and Saturday, - - - - . 

Not to be thrown into street, drain, or gutter, - 

HYDRANTS. 

Not to be injured, &c., - - - - 

See Water Works, - - - - - 

ICE. 



135, 136 
137, 141 

144 

- 343 

- 418 
418-426 

- 314 



Sunday ordinance does not apply to ice-house. 

No fish that has been kept in, except pompanos and red 

snapper to be sold, _ . - . 222 

IDLE AND DISORDERLY PERSONS. 

How dealt with, ----- 247, 303, 417 



242 



INDEX TO 



IDLE AND DISORDERLY PERSONS. (Contimied.) 
Shall not congregate at balls, &c., 
Shall be kept away from fires, - - . 

ILL FAME. 

Persons of, how dealt with, - - - - 

IMPRISONMENT. 

May be imposed when fine is not paid 

" " when arrested, until examined, by 

order of aldermen or councilmen, 
INDEX. 

Of records, shall be kept b)^ clerk, 

INDECENT CONDUCT. 

Forbidden in public houses. 

To prevent and punish, - . _ . 

Forbidden at public exhibitions, 
Shall not be guilty of, - 
INFECTIOUS DISEASES. 

Duty of hospital physician as to, - 

" board of health, - - - - 

Pest house, -._.., 
Quarantine, _ _ _ . . 

INNS. 

See Public Houses, - - - 

INSPECTION. 

Of hay, regulated, . . _ . 

" liquors " _ _ . . _ 

" lumber " - 

" fire-wood regulated, _ _ _ _ 

" weights and measures, regulated, 
" work done on buildings, " - - - 

Inspector of hay elected, - - - - 

Duties and fees, ----- 
Shall keep book of weights, and give certificate. 
Shall mark net weight, - - - - 

Ganger elected, ----- 
Duties and fees, ----- 
Duties of owners of liquors, - - - 

Inspector of lumber elected, - - - - 

Duties and fees, - - - - 

Inspector of fire-wood elected, . - - 

Shall keep an office, duties and fees, - 
All wood to be inspected, how - - - 

Short and unsound forfeited to hospital, 
Duty of as to carts and drays, not more than one- 
third of a cord at a load, _ - - 



33 
114, 116 

417 

6 

247 
30 

173 

417, 303 
318 

- 324 

162 

- 135 
169 

146-156 

132, 171, 172, 417 

- 174 
178 

- 182 
184 

- 190 
194 

- 174 
175 

- 176 
177 

- 178 
179, 180 

- 181 
182 

- 183 
184 

- 188 
185 

- 185 

186 



ORDINANCES. 



243 



INSPECTION. [Continued.) 

Persons selling wood shall set up posts to measure 
the wood, - - - - 

Inspector of weights and measures elected, 

Duties and fees, _ _ - _ 

All persons shall permit inspection, and shall not 
sell by incorrect weights, - - - 

Committee of master mechanics elected, - 

Duties of, _ - _ - - 

Vacancies, how filled, _ _ . 

Fees, and mode of recovery, . _ - 

Oath, ----- 

INSPECTORS. 

See Inspection, - - _ - - 

Of partition fences, _ . . - 

INSURRECTION. 

Duty of mayor in case of, - 
" marshal, " - 

" aldermen and councilmen, - - - 

" police and watchmen, - - - 

" alarm sentinel, - - - _ 



IRON. 

Posts and columns on side-walk shall be, except, 

ITINERANTS. 

See Passengers, _ _ _ - - 

JOURNEYMEN. 

Not subject to license tax, _ . _ 

JURORS. 

In opening, &c., streets, &c., - - - - 

Defaulting, how punished, _ - - 

KEEPER. 

Of powder magazine elected, - - _ 

Duties, (see Powder Magazine,) 
Of city prison appointed, - - - - 

Duties of, - 

Shall give and take receipts when persons are com- 
mitted and discharged, - - - 
" keep book setting forth particulars, 
" furnish proper food, &c., to prisoners, - 
" keep prison clean, &c., - - _ 
" weekly report to mayor names of prisoners. 
Fees, ------ 

KITES. 

Unlawful to fly, - - - - - 



- 187 
190 

191, 192 

193 

- 194 
195-197 

- 198 
199, 200 

- 201 

174-201 
96 

229, 231 

- 249 
247 

253-258 
266 

- 354 

234^236 

- 397 

334 

- 202 

- 270 

270-277 

- 260 
261-264 

- 262 
262 

- 262 
262 

- 263 
263 

- 203 



244 INDEX TO 



KITCHEN STUFF. section. 

Shall not remain on premises, - - - 137 
" be placed in front on Tuesday, Thursday, and 

Saturday, - - - - - - 144 

Not to be thrown in street, gutter, drain. &c., - 343 

LABOR. 

Adjudged for non-payment of fine, - - - 6 

Failing to give bond, confined to, - - - 13 
"What is day's work, ----- 331 

How slave may hire as day laborer, - - - 330 
Not to be performed on Smidaj', - - 304, 310, 312, 313 

LAMPS. 

In carriages, cabs, &c., to be lighted, - - - 85, 86 

In the market, ----- 213, 226 

In the streets, not to interfere with, - - - 302 

LAND. 

How taxed, ---.__ 372 

Of city in trustees, except, - - - . 39^ 50-53 

LANE. 

Drivers in to keep on right hand side, - - - 80 

Surveyor shall supervise work on, - - - 362 

Trees not to be injured in, - - - - 343 
LEASES. 

For stalls in market, ----- 207-211 

" stores " ... - 299,300 

LEWD PERSONS. 

How dealt with, - - - - - 417 

Shall not congregate at balls, &c., - - - 33 
LICENSES. 

For carts, drays, and wagons, - - - - 74 

" cabs, carriages, hacks, and gigs, - - - 82 

" omnibus, buggy, sulkey, - - - - 82 

" soap and candle factory, - - - - 94 

" sale of spirituous liquors, - - - - 171 

" tavern, coffee-house, boarding-house, - - 172 

" restaurant, eating-house, - - - - 172 

And all houses of entertainment, - - - - 172 

For retailers, ------ 133 

Revoked, if gaming is permitted, - - - - 132 

To hawk and peddle, ----- 133 

" pawnbrokers, ----- 242 

For shows, theatrical exhibitions, balls, - - 315, 316 

" feats, musicians, &c., - - - - 315, 316 

Who subject to license tax, - - - - 397 

Assessor shall assess — objections to, how made, - - 398 



ORDINANCES. 245 



LICENSES. {Continued.) section. 

Objections thereto, and mode of collecting, - 399, 413 
Mechanics, journe_ymen, laborers, clerks, book-keeper, . 
minister of the gospel, teacher of school, salaried 

officer, &c., exempt, - _ . - 397 

Retailers, &c., not within its operation, - - - 414 

Clerk shall keep an account of with treasurer, - 90 

Fees to clerk for issuing, - - - - - 91 

LICENSED HOUSES. 

See Licenses, ----- 132, 133, 172 

License revoked, if gaming is permitted, - - - 132 

LICENTIOUS PERSONS. 

Shall not congregate at balls, &c., - _ - 33 

How dealt with, - - - - - - 417 

LIGHTS. 

In carriages, cabs, &c., _ - - - 85^ 86 

" markets, ----- 213, 226 

" streets, not to be interfered with, or extinguished, 302 

LIMITS, FIRE. 

Fire limits established, _ _ _ - 120 

No wooden buildings shall be erected in, - - - 120 

How side-walks made in, - - - - 351 

LIQUORS. 

To be inspected, ------ 179 

Duty of owners, ----- 181 

What is load for dray, &c., - - - - 78 

Retailers of spirituous, . _ - _ 171 

Not to be adulterated, ----- 171 

" sold to slaves, - _ - . 320 

LISTS. 

Of property for taxes, ----- 375 

" voters for assessment, . - - - 375 

" assessments, ------ 379 

" taxed property made out by clerk for collector, - 386 

Mayor's warrant thereto, ----- 387 

LIEUTENANT OF THE WATCH. 

Appointed, ------ 248 

Duties of, - - - - - - - 252 

Office in municipal buildings, - - - - 288 

LIVERY STABLES. 

Fire warden shall examine, - _ _ _ 12I 

Shall be kept clean, ----- 137 

Sunday ordinance does not apply to, - - - 314 

Manure not to be deposited in street, drain, &c. - 343 

How removed, ------ 144 



246 INDEX TO 

LOAD. SECTION. 

Of dray, cart. &c., and fee, . _ _ - 78, 79 

" vehicle for hire, - - - - 83 

Driver of dray, cart, &c., shall take, - - - 77 

" " carriage, cab, hack, &c., shall take, - - 84 

LOTS. 

May be examined b}'^ board of health, - - 135, 136 

Vacant, shall be fenced, - - - - 204, 205 

Nuisance not permitted on, . _ . _ 137 

In graveyard, how sold, &c., - - - - 68-71 

Fire-arms or works, not to be discharged in. - - 124 

Shall be kept clean, - - - - - 137, 141 
Earth not to be excavated, so that water may stand on, - 143 

Ma3^or may require to be cleaned and purified, - 145 

Filth, &c., to be placed in front on certain days, - - 144 

Owners shall make side-walks, how made, - - 351 

Side-walk before, to be swept everj^ day, - - 354 

Surveyor shall survey, . _ _ - 361 

LUMBER. 

How inspected, &c., - - - - - 183 

Shall not be placed where it is dangerous, - - 123 

" " in public square, - _ - 293 

How placed, when building in street, - - - 342 

Shall not be placed in street otherwise, - - - 343 

" " hauled so as to touch street, - - 343 

Not to be deposited on side-walk, _ _ _ 353 

MAD DOG. 

Relating to, ----- - 92 

MAGAZINE, POWDER. 

See Powder, regulations of, - - - 270-278 



MALIGNANT DISEASES. 




Duty of hospital physician, as to, 


162 


" board of health, - - - 


- 135 


Pest house, ----- 


169 


Quarantine, - - - - 


146-156 


MANURE. 




Shall not remain on premises. 


137 


How may be removed, - - - 


- 144 


Not to be deposited in street, drain, &c., 


343 


MAP. 




Sexton shall keep, of graveyard, and. 


68 


Clerk shall keep copy, - - - 


69 


Surveyor shall make, of city, and keep, - 


360, 361 



ORDINANCES. 247 



MARKING. SECTION. 

Vehicles shall have numbers marked on, - - 75 

Hay shall have weight, ----- 177 

MARKET. 

Southern, Dauphin street and Ann street, established, - 206 

]\Ia}'or and market committee shall fix price of stalls in, 207 
Renting, how, when, and terms of, - - 207, 209, 210 
Public stalls set apart in, - - - - 208, 221, 223 

Fish stalls, ------ 209 

Lessee not to sub-let, but may sell entire term, - - 211 

" on selling shall rotify city clerk, - - 211 

Clerk of, elected, bond, salary, - - - - 212 

Duty, to attend, maintain order, decide disputes, 
keep weights and measures, to seize and des- 
troy false weights and unwholesome provi- 
sions, to cause market to be swept and kept 

clean, to ring the bell, and light the market, 213 

Fees, ------ 214 

Market hours, ------ 215 

No sales on Sunday, except, - - - - 216 

Butchers shall sell by retail, - - - - 217 

Meat shall not remain in stall in summer, - - 217 

" how hung up, skins not to be exhibited, - 217 

No unsound or impure provisions shall be offered, - 218 

How meat, &c., weighed, - - - - 219 

No one but lessees of stalls shall hawk or peddle in the 

streets, ----- 134-220 

Regular butchers not to use public stalls, - - 221 

How and when fish may be sold, - - - - 222 

- Persons using vacant stalls, carts and wagons, shall pay, 223 

Forestalling and speculating forbidden, - - 224 

No article to be taken without consent of owner, - 224 

Butchers and all others shall wash the stands they 

occupy, ------ 

No person shall meddle with lights, - _ - 226 

Stores in Southern to be rented, _ _ . 299 

" directions for, ----- 300 

Bonds to pay for, - - - - - 37, 44 

Trustees for, ____-- 38 

Bonds secured, - - - - - 39, 45, 46 

Proceeds of rent of stalls to be paid, - - - 40 

In numerical order when $5,000 is on deposit, - 41 

May be made payable in New York, - - - 47 

Withheld from trustees of city, - _ - 54 
MARSHAL. 

See Police, __.--- 248 



225 



248 INDEX TO 



MARSHAL. (Continued.) 




SECTION. 


Duty of, at fires, (Fires, 97-119,) 


- 


116 


" as to citizen's patrol. 


- 


238-241 


May examine pawnbrokers' books. 


- 


245 


Deputy, - - - - 


- 


- 248 


Head of police under mayor, - 


- 


249 


Oifice of in municipal buildings, - 


- 


- 288 


Duty of as to obstructions, &c., of side-walks. 


- 353-358 


MASKED BALLS. 






Not to be held unless permitted by 


mayor. 


- 33, 315, 316 


Slave or negro not to give. 


- 


34 


" " to attend. 


- 


35 



MASCULINE. 

Includes feminine and neuter, - - - - 24 

MASTER. 

Of slave, may give peace bond, - - - - 13 

" " pay fine for, - - - 11 

How slave may be left iu charge of, or on premises, - 325 

Shall pay for injury of side-walk by slave, - - 358 

MAYOR. 

May try all violations of ordinances, - . _ 5_9 

Powers of persons acting for, - - - - 15 

May suspend or remove any officer, - - - 29 

Vacancy, how filled by him, - - - - 29 

May permit masked or public balls, - - - 33 

One of trustees of Southern market, - - 38 

To sign market bonds, - - - - - 37, 44 

Shall give notice when ^5,000 is on deposit, - - 41 
With chairman of finance committee and president of 
board of aldermen, shall check for and remit, to 

pay interest in New York, - - - - 45, 46 

With finance committee to direct payment of bonds 

of 1843, ------ 52 

Office building withheld from trustees, - - - 54 
May issue boiads to M. and 0. R. R. Co., not exceeding 

$400,000, ----- 03 

Shall issue dray, cart, &c., license, - - - 74 

Duties, in dispute, about fences, - . . gg 

" when board to investigate fires report to him, - 127 

May prevent introduction of hides, goods, &c., - 140 

" remove vessels that are nuisances, how, - - 139 

" enforce health regulations, . . . 145 

" " quarantine, how, _ . . - 146 

" grant permits to paupers and paying applicants to 

city hospital, ----- 166 



ORDINANCES. 



J49 



MAYOK. (^Continued.) section. 

Shall have free access to private hospitals, - - 170 

May revoke licenses to public houses, - - 173 

Duty, as to renting stalls in market, - - 207-210 

May call out military, _ _ _ _ 231 

Duty as to paupers and sick seamen, - - 235-237 

" citizen's patrol, - . - . 239 

" pawnbrokers, - - - _ 242-245 

" city police, ----- 246 

" keepers of city prison and deputies, - - 260 

" alarm sentinels, . _ . - 260 

« secret fund, - - - 268, 269 

Court room, - - - - - - 279 

Place of office, ------ 282 

May appoint police for theater, - - - 317^ 318 

" license shows, exhibitions, &c., - - 315, 316 

" permit slaves to live from owners, how, - - 325 

" " " to assemble for worship, - - 323 
" " depot for slaves, for sale or hire in certain 

parts of the city, ----- 327 

Duty as to opening, &c., streets - - - 333-335 

" " shelling, paving, &c., - - - 348, 349 
" " assessment of taxes, - - - 381, 384, 410 

May issue his warrant for taxes, - - - 386 

Shall assess when property is reported by collector, - 396 

May issue blank license to assessor, - - - 401 

Duty of as to license docket, - - - 403-405 

May issue licenses to clerk, - - - - 406 

May issue warrant to tax collector, - - 407, 412 

Attorney shall advise when requested, - - 31 
Shall provide wagon or cart for keeper of powder 

magazine, ------ 272 

May require wall, house, or erection, to be removed if 

of opinion that it is dangerous, - - - 343 



MEASURES. 

Inspection of, and weights, 
Duty of clerk of market as to. 
What are to be used in market, - 



190, 193 

213 

- 219 



MEATS. 

Butcher shall sell in any quantity, how - - 217 

What part of market shall be set apart for sale of, - 210 

Peddling and hawking of, prohibited except, - - 134, 220 

Impure, unwholesome or unsound to be seized, - 213, 219 

Not to remain in market in summer, - - - 221 

Shall not be sold in market on Sunday, - - - 216 



250 



INDEX TO 



MECHANICS. 

Committee of, elected, &c., - - - - 

Exempt from license tax, when, - - - 

MEETINGS. 

Religious, mayor may permit, of slaves, 

MERCHANTS. 

License for, . . _ . . 

mLITARY. 

1st vol. regiment armory, - - - - 

Mayor may call out, . . . - 

mLK. 

Impure or watered not to be sold, - - - 

Sunday ordinance does not apply to carts, 

MINORS. 

If required to give peace bond, guardian may give, 

" " pay fine guardian may pay, 

If injure side-walk, parent or guardian shall pay, 

MULATTO. 

Includes "negro," _ _ . . 

MUNICIPAL BUILDINGS. 

Declared, ------ 

Mayor's court in, - 

Aldermen shall meet in, - - - - 

Common council shall meet in, - 
Mayor shall have an office, - _ _ - 

Treasurer, " " " 
City clerk, " " " 

Tax collector, " " . - . 

Assessor, ...--- 

Surveyor, - - . . _ 

Marshal and deputy marshals, and police officers, 
Guard or watchmen, _ - - - 

Guard-room or lock-up, - _ - . 

Sales before, - . _ . - 

Year commences 1st Dec. - . - - 

" " for terms of office, 

MUSICIANS. 

Street, how licensed, - - - - - 

NEGRO. 

Meaning of in code, _ - . _ 

Free, to report annuallj', give bond and be registered, 
Clerk's fee for, ----- 
Shall not be out after ten at night, - - - 

Citizen's patrol may arrest if out after nine at night. 
Shall not associate with slave, - _ . 



SECTION. 

19-4-201 

- 397 

323 

- 397 

228-231 

- 231 

232 

- 314 

13 

12 

358 

24 

279 

- 279 
280 

- 281 
282 

- 283 
284 

- 285 
286 

360, 287 
288 

- 289 
290 

- 298 

25 
25 

315, 316 

24 
128 

91 
129 

- 241 
321 



OEDINANCES. 251 



NEWSPAPER. SECTION. 

Printer shall publish in, what, - - - - 3 

Report of chief engineer shall be published, - - 107 

Sales of stalls m market shall be published in, - - 207 

" nuisances, . - - . - 139, 298 

Sunday ordinance does not apply to newsboys, - - 314 

Notice of assessment of taxes, - - - 375 

" " " objections thereto, - - 382 

« " " unpaid taxes, - - 392 

NEUTER. 

Includes " masculine," - - - - - 24 

NIGHT WATCH. 

Organized, &c., (Police,) . . - - 248 

Shall have office in municipal buildings, - - - 289 

Cairtain of, duties, ----- 251 
Lieutenant of, duties, ----- 252 

Duties and powers of police, - - - - 253-258 

How punished for improper conduct, - . - 255 

Duty of all persons called on to assist, - - 257 

No person shall interfere with or resist, - - - 256 

" " shall falsely represent, &c., - - 258 

Duty of alarm sentinel on bell tower, - - 265, 266 

NINE-PIN ALLEY. 

Licensed. 

Forbidden on Sunday, _ . _ _ 308 
NOTICES. 

To be printed by city printer, - - - - 3 

Of objections to licenses by clerk, - - - 4II 

" " by assessor of taxes, - - 377, 382 

Of assessment of taxes, - - ' - - 375 

" " " " objections thereto, - - 382 
To be given by collector of unpaid taxes, - - 392 
To vagrants, to leave, - - - - - 237 
Fund in savings bank may be removed on, - - 42 
Of application for opening streets, drains, &c., - - 333 _ 
Mayor may give to owner of erection, that it is danger- 
ous, when it shall be removed, - - - 343 

NUMBERS. 

Of vehicles shall be marked on them, - - - 75 

NUISANCES. 

May be removed, - - - - - 9, 140 

" be inquired of by board of health, - - 135, 136 

Not permitted on lots, - - - - 137 

« " in docks, - - - - 138, 139 

Mayor may prevent introduction of hides, goods, &c. - 140 



252 INDEX TO 



NUISANCES. {Continued.) eioTioN. 
Dead animals and filth not to be left except where 

maj- or may direct, ----- 141 

No slaughter-pen or butcher-house, - - - 142 

Filth, trash, &c., to be placed in front of premises, on 

Tuesdaj", Thursday, and Saturday, - - - 144 

No excavation where water may stand, - - 143 
Kegulations to prevent, may be enforced by mayor at 

expense of owner, ----- 145 

Vacant lot shall be cleaned, - - - - 204, 205 

In public square forbidden, _ _ _ - 296 

On side-walks by erections forbidden, - - 354 

Proceedings where owner of is unknown, - - 357 

No filth permitted in docks, - - - - 430 

Erections on streets, declared to be, - - - 341 

" mayor may require removal of, - - 343 

Wooden posts or pillars on side-walks are, - - 354 

On side-walks to be removed, - - - - 357, 358 

If owner unknown, how disposed of, - - 357, 358 
To be reported to surveyor, or entered on complaint 

book, -_---- 360 

OATHS. 

Includes "affirmation," ----- 24 

Of officers, - - - - - ' - 28 

" master mechanics, ----- 201 

OBSTRUCTION. 

May be removed, ------ 9 

Not to be on side-walk, - - - 353 

" " remain in docks, ----- 138 

" permitte'd around markets, - - - 213 

" " in streets, drains, gutters, &c., - 342, 343 

" « on side-walks, - - - - 353, 358 

Complaint of, to surveyor, if in street, - - - 360 

Duty of surveyor as to, - - - - 360-365 

OFFICE AND OFFICERS. 

Vacancy, how filled in, - - - - 29 

Oath of, - - - - - - - 28 

Bonds of, ----- - 26, 27 

See VARIOUS officers. 
Terms of, commence, ----- 24 

Mayor may suspend until, &c., - - - 29 

OFFAL. 

Not to remain on premises, - - - - 1 37 

Board of health may regulate, ... 135 



OEDINANCES. 253 



OFFAL. (Continued.) section'. 
Not to be thrown in streets, gutters, drains, &c., - - 343 
Shall be placed in front of premises on Tuesday, Thurs- 
day, and Saturday, - . - - 144 

OMNIBUS. 

Shall be licensed, ------ 82 

Fare, - - 83 

OPEN STREETS. 

How opened, ..--.- 333 

Not, unless by consent of city authorities, - - 338 

All now, are public, _ _ . - - 337 

Voluntary opening, a dedication, - - _ 339 

Duty of surveyor as to, - - - - 360-365 

ORDINANCES. 

To be printed before in force, - - - - 3, 4 

Book of, to be kept by clerk, - - - - 90, 30 

Violations of, tried by mayor, alderman, or common 

councilman, _ . - - - 5 
How enforced, ------ 6-14 

Construction of, - - - - - 8, 9 

Election of, made, and such held to, - - - 10 

Persons violating, or threatening to, shall give bond, - 13 

Repeal of, does not affect matters pending, or in fieri, - 15 

Meaning of certain words, when used in, - - 23, 24 

Records of, to be kept in clerk's office, - - 30 

Attorney shall prosecute, - - - - - 32 

Duty of mayor, as to, - - - - - 246 

" marshal, as to, - - - - - 249 

" police or watchmen, _ . _ 253-258 

Treasurer shall keep record of council, - - - 416 

OYSTER SHELLS. 

Shall not remain on premises, - - - 137 

To be placed before " on certain days, - - 144 

PAINTINGS. 

Exhibitions of, licensed, . _ _ _ 315^ 315 

PANORAMA. 

To be licensed, ----- 315, 316 

PARTITION FENCES. 

How erected and built, - - - - 95, 96 

PARENTS. 

Shall be liable for fine on child, - - - - 12 

" give bond for " - . - 13^ 14 

If child injure side-walk, shaU pay, . - . 358 



254 INDEX TO 



PASSENGERS. section. 

From abroad, sliall pay $2 tax, - - - 234 

List to be furnished of, and report, . _ . 235 

Master or consignee to collect, _ _ _ 234 

Fee of clerk for receiving and filing list, &c., - - 91 
If any are likely to become a charge, security may be 

required, form of bond, - _ - - 235 

When sick seamen or boatmen, - - - - 236 

Regulations for vehicles to carry in city, - - 82-89 

Fare, - - - - - - - 83 

PAST OR PRESENT. 

Includes " future," ----- 24 

PATROL OF CITIZENS. 

How regulated, ----- 238-241 

PAWNBROKERS. 

Shall be licensed, ----- 242 

Regulations for, ----- 243-245 

Shall keep book open to oflBcers, - - - 245 

PAVING. 

How done, ------ 347 

Surveyor's duty as to, - - - - - 360-363 

PAVEMENTS. See Paving. 

Engine, hose cart, hook and ladder carriage, shall not 

run on, ------ II7 

PAUPERS. 

How admitted into hospital, - - - - 

Required to give security, if from abroad. 
Duty of keepers of houses to report, - - - 

How buried, - - . - . 

How dealt with, . - - - - 

PEACE BOND. 

May be required for violation of, or threatening to vio- 
late ordinances, - - . - 
If a minor, guardian may give it, - 
If a slave, the owner " - . _ 

PEDDLING. 

Shall be licensed, ----- 

Of meat, vegetables, &c., prohibited, except, 
" milk regulated, ----- 

PENALTIES. See various offenses. 

Shall be for benefit of city, how enforced, - - 5-10 

Less amount iaa,y be imposed, unless restricted, - 8 

To be from one to fifty dollars, when not otherwise 

provided, - - - - - -11 



166 


167 


- 


235 




237 


- 


71 




417 




13 




13 


- 


13 




133 


134 


220 


232, 


233 



ORDINANCES. 



255 



PENALTIES. {Continued.) 

How paid when imposed on minor, or slave, - 
Not affected by repeal of ordinance, 
PERMITS. 

For burial, ______ 

" balls, - - - - - - 3S 

" paupers to go to hospital, - - - - 

Mayor may grant, for slaves to have charge of masters 

premises, and may revoke, - - - 

For negro depot, - _ _ _ _ 

PERSON. 

Includes " corporation" in this code, 
May be removed, _ _ _ _ . 

All shall assist at fires, - - - - 

No distinction in assessing taxes, . _ . 

All shall assist police when called on, 

PERSONAL PROPERTY. 

May be removed, ----- 
Meaning of, - 

How taxed, _ _ - - - 

PEST HOUSE. 

Patients, how admitted in, - 

Security to be given, (Note,) - - _ 

PESTILENTIAL DISEASES. 

Duty of hospital physician, - - - - 

" board of health, - - - - 

Pest house, ------ 

Quarantine, - - 

PHYSICIAN AND SURGEON. 

Of hospital, elected, - - - - 

Duties of, ----- - 

May appoint two students, - _ _ 

All shall furnish certificate of death, - - - 

PIPES. 

How laid in streets, - _ _ - 

See Water Works, - - - - - 

PISTOL. 

Not to be discharged, - - - - 

PLANK ROADS. 

Right of way to, - - - - - 

How streets may be planked, - - - 

Duty of surveyor as to, 
PLURAL. 

Includes " singular," . _ _ _ 



12 
15 

69 
315, 316 
166, 167 

- 325 
327 

24 
9 

- 108 
373 

- 257 

9 
24 

- 372 

169 

- 169 

162 

- 135 
169 

146-156 

- 161 
162 

- 163 

69 

- 340 

418-426 

- 124 

370, 371 

- 347 
360-363 

24 



256 INDEX TO 



POLICE. SECTION. 

Duty of, at fires, ----- 116 

" as to citizen's patrol, - - - 238-241 

" " pawnbrokers, - - - . 242-245 

INIayor, head of, - - - - - - 246 

Aldermen and councilmen shall co-operate with him, 

their duties and powers, - - - - 247 

Officers and organization, ----- 248 

Duty of marshal, ----- 249 

" '' assistant, or deputy, - - - 250 

" captain of guard, - - - - 251 

« lieutenant of " - - - - 252 

" privates or watchmen, - - . 253 

" powers, and liabilities of, - - 247-258 

If guilty of neglect or injustice, _ . - 255 

If any person resist, or prevent them in the discharge 

of duty, ------ 256 

No person shall falsely represent, - - - 258 

All persons shall assist, ----- 257 

City Prison established, - - - - 259 

Keeper, deputy, and three alarm sentinels appointed, 260 

Duty of keeper, - . - - 261, 263 

" deputy keeper, - - - - 262 

Book shall be kept, keeper shall give and take 
receipts from prisoners, shall keep prison 
clean, and give proper food, and make weekly 
report to mayor, of prisoners, - - - 263 

Fees, ------ 264 

Duty of alarm sentinel, ----- 265 

Shall strike fire alarm, and for riot, &c., - 266 

Secret fund provided, ----- 267 

How disposed of, - - - - - 267, 268 

Office of officers, ------ 288 

« privates, ----- 289 

Guard room, ------ 290 

Duty of, as to public square, - - - - 296-298 

" " shows, exhibitions, &c., - - - 317 

" " theater, - - - - 318,319 

" when owner of nuisance is unknown, - 357, 358 

" as to summoning jury for streets, - - 334 

POLL TAX. 

Members of fire department, exempt, - - - 98 

Passengers from abroad, ^2, - - - - 234 

Slaves, when not assessed as property, ^3. - - 332 

Levied of, $1, - - - - ' - - 373 



ORDINANCES. 



257 



270, 273, 
- 271, 



POOE, TKANSIENT. 

Required to give security, 
Duty of citizens as to, - ' - 

To guard against, - - - 

POULTRY. 

Shall not be peddled, except, - 
PORTICOES. 

If over side-walks, how erected, - 
PORCHES. 

If over side-walks, how erected, 
POWDER. 

Magazine withheld from trustees, 

" established, - - - 

" regulated, 
" keeper elected, 
" duties of, and fees. 
Duties of owners of powder, - - - - 

Vessels containing, shall not lay at wharf, 
How landed at wharf, ----- 
Fire wardens shall examine where stored. 
Fees of keeper, . - _ - - 

PRECAUTIONARY MEASURES. 

To prevent fires, ----- 

" " sickness, duty of hospital physician, 

" board of health, 
Pest house, ------ 

Quarantine, - _ _ . . 

To prevent injury from gunpowder, - - - 

See Nuisances, - - 9, 140-145, 204, 205, 296, 

PRESIDENT OF COMMON COUNCIL. 

Duty, in reference to secret fmid, - - - 

" as to licenses for shows, &c., - - - 

" " permit for depot of slaves, 
" " court of assessments, - - - 

PRESIDENT OF ALDERMEN. 

Duty, in reference to secret fund, - - - 

" as to licenses for shows, &c., - - - 

" " permit for depot of slaves, 

" " court of assessments, - - - 

PRINTING. 

Included in " writing," - - - - 

PRINTER, CITY. 

Elected, bond, salar}', ----- 

Shall print and publish all ordinances, advertisements, 

tax lists, public acts, resolutions, notices, &c.. 



- 235 
237 

- 417 

134, 220 

- 353 

353 

54 
273 

277, 278 

270 

272, 276 

274-277 

- 275 
276 

- 121 
272, 277 

120-127 
162 

- 135 
169 

146-156 
270-278 
357, 430 

- 269 
315 

- 327 

390-381 

- 269 
315 

- 327 
396-381 

24 

2 

3 



258 INDEX TO 



PRISON, CITY. 8xcno«. 

Established, (see Police,) - . - - 259 

Offender, failing to pay fijie, confined in, - - - 6 

For contempt, " _ _ 7 

Failing to give bond, " - - - 13 

Free negro committed to, failing to give bond, - 128 

Aldermen and councilmen may commit to, - - 2-47 

Marshal shall attend at when mayor directs, - - 249 

Keepers and sentinels appointed, - - - - 260 
Duty of keepers, ----- 261-264 
" sentinels,- - . - . 265,266 

Fees of, ------ 263 

PRISONERS. 

Shall be furnished with receipt for articles taken from 

them, and shall give when discharged, - - 262 

" have proper food and diet, - - - 262 

Names shall be reported weekly to mayor, - - 262 

Fees, ------- 263 

PRIVATE HOSPITALS. 

How established, ------ 170 

PRODUCE. 

Wagons or carts containing, need not be licensed, - 74 
Stalls for sale of country, - - - 208, 210 

PROPERTY. 

May be removed, _ _ _ - - 9 

The word includes, " real" and " personal," - - 24 

Meaning of real, and of personal, . - - 372 

How taxed, _----. 372 

PuUlc of the city, ----- 279-302 

Not to be injured, ----- 302 

Stores in market, how rented, - - - 300 

All under direction of mayor and two presidents, - 301 

Public squares, - - . _ - 291 

Municipal buildings, _____ 279 

City property, - _ _ _ _ 296 

PROSTITUTES. 

To prevent and punish, ----- 417 

PROCLAMATIONS. 

To be printed bj' city printer, - - - - 3 

Mayor to issue as to quarantine, - - - 146 

PUBLIC. 

Ordinances, resolutions, &c., to be published, - - 3 
Square in Dauphin street to be withheld from city trus- 
tees, -------54 



ORDINANCES. 



259 



PUBLIC. {Continued.) 


SECTION. 


Buildings, - - - - - 


- ■ 54 


Property of the city, _ - - . 


- 279 


All under control of mayor and two presidents. 


301 


What is in city trustees, - _ _ 


- 50-53 


Not to be injured, - - - 


302 


Set apart for paj-ment of debts, 


51 


Squares, Bienville, - - . _ 


291 


"Washington, ----- 


- 292 


Not to be occupied, _ _ - 


293 


Trees not to be injured in, - 


- 294 


Horses, &c., not to run in, 


295 


Nuisances in, forbidden, - - . 


- 296 


Duty of police as to, - 


297 


Under direction of mayor and two presidents, 


- 301 


Houses shall be licensed. 


- 172, 171 


Not to permit gaming in, - 


- 132 


" be kept disorderly. 


417 


Buildings, markets, _ - - - 


- 170 


City prison, - - - - 


259 


Powder magazine, - - - - 


- 273 


Municipal offices in. 


- 279-290 


Not to be injured, - - . - 


- 302 


Stalls in market, (two,) . . _ 


208 


" may be used by countrj^ people. 


- 221 


" not to be used by regular butchers, 


221 


Balls, not to be given, unless hy permission of raa^-oi-, 


315,316,33 


Slave or negro, not to give, - - - 


34 


" " " attend. 


35 



PUBLICATION OF ORDINANCES. 
Shall be made before in force. 



3,4 



PUTRID OR PUTRESCENT MATTER. 

Not to remain on premises, - - - - 

" be thrown in dock, - - - 

To be placed in front of premises on Tuesday, Thurs- 
day, and Saturday, - . _ - 

QUARANTINE. 

Established, but not to be enforced until proclaimed by 
mayor, who shall define the length of time for its 
continuance, 

Physician elected. 
Duties of, 
" of pilots, &c., 

Sick persons shall pay 



per day for attendance, 



141 

430 

144 



146-156 
147 

- 148 
149 

- 150 



260 



INDEX TO 



QUARANTINE. {Contimied.) 

Not to apply to New Orle:ius steamers, regulations for 
them, ------ 

No vessel shall take on, or discharge cargo, 
Mayor and board of health may remove vessels to, 
Duty of harbor master and port wardens. 
Quarantine rules, ----- 



QUARRELING AND DISORDERLY CONDUCT. 

Forbidden, ----- 

Drivers of cabs, &c., shall not be guilty of. 
Not permitted in public houses, - - - 

" " on Sunday, - - - 

" " at theater, 

Dutjr of citizen patrol, as to, - 

" aldermen and councilmen as to, - 
" marshal and police " - - 

To prevent and punish, - - - - - 

RACING. 

Not permitted in streets, - . - - 

RAILWAYS. 

Tax levied for M. and Ohio R. R. Co., 

" for 2 per cent, for 5 years for M. and Ohio R. R. Co., 
Right of -s^ay to " u . 

" " M. and New Orleans R. R. Co., - 

Sunday ordinance does not apply to, - 

REAL ESTATE. 

How taxed, ----_. 

Meaning of real property, - - - _ 

Tax on, for M. and Ohio R. R. Co., 



151 

- 153 
154 

- 155 
156 

- 303 
87 

- 173 
304-314 
318, 319 

241 

- 247 
249 

- 417 

81,88 

- 58, 59 
61 

366 
367 
314 

374 
24 

58-64 



REBELLION. 

Duty of mayor in case of. 
How bell to be struck in case of, - 
Duty of aldermen and councilmen in case of, 
" marshal " " 

RECORDS. 

Of common council, kept by treasurer, 
" board of aldermen, " clerk, 
" ordinance, by-laws, &c., 
" licenses and transfers of drays, &c., 
" both boards, by clerk. 

Clerk's fees for copies of. 

Of free negroes, book " - - 

" police, marshal shall keep, 
" maps, notes, &c., surveyor shall keep, 



229, 231 

- 266 
247 

- 249 

416 
90 
30. 
76 
90 
91 

128 

- 249 
360, 361 



ORDINANCES. 261 



RECORDS. {Continued.) section. 

Treasurer shall keep, . _ . - - 416 

Of persons who pay railroad tax, _ _ _ 62 

" tax collector's receipts, by clerk, . _ - 389 

RECOGNIZANCE. 

To appear for state offenses, - - - - 20, 21 

Aldermen and councilmen may take, _ - - 247 

REDEMPTION. 

Of land sold for taxes, _ _ _ - 393 

REGRATING. 

Forbidden, ._.--- 224 

REGISTRY OF DEATHS. 

Shall be kept, . . - - . 69-71 

REGIMENT. 

1st volunteer armory, &c., . _ . 228-231 

RELIGIOUS WORSHIP. 

Not to be disturbed, _ _ _ - - 311 

Slaves may assemble for, how, - - - 323 

RENEWAL OF LEASE. 

Lessee of market stall may, - - - - 207 

RENT. 

Of stalls in market, - - - - - 40 

How, ----- 207, 209-213 

Of wharves, -..-.- 52 

" city property, - - - - - 52, 53 

REPAIR OF STREETS. 

How to make, ------ 333 

Bulkhead, when street terminates at water to be kept 

in repair by owners, _ - . - 336 

Not to be made without consent of city, - - - 338 

When desired, complaint made to surveyor, - 360 

Duty of surveyor as to, - - - - 360-365 

RESOLUTIONS. 

To be published, ----- 3 

Record of, to be kept by city clerk, - - - 90 

" " council, treasurer shall keep, - - 416 

RESTAURANT. 

Shall be licensed, ------ 172 

Duty of keeper, . - _ _ - 173 

RETAILERS. 

Shall be licensed, - - - - - - 171 

Duty of keeper, ----- 173 

License revoked if gaming is permitted, - - - 132 



262 



INDEX TO 



RIDING FAST. SEcnor,. 

Not permitted in streets, - - - - 81, 88 
Slave shall not, ------ 324 

RIGHT OF WAY. 

To M. and Ohio R. R. Co., - - - - 366 

" M. and New Orleans R. R. Co., - - - 367 

" Spring Hill shell road, - - - - 371 
'• bay road, ------ 370 

RIOT AND RIOTOUS CONDUCT. 

Forbidden, ------ 303,417 

Alarm bell for, ------ 206 

To quell, volunteer regiment shall obey orders of mayor, 229, 231 

Duty of aldermen and councilmen, - - . 247 

" " marshal, ----- 249 

" " police at shows, exhibitions, &c., - 317-319 

ROCKETS. 

Not to be let off in city, - . - _ 124 

ROPE DANCING. 

Exhibitions of licensed, - - - - 315^ 316 

RUBBISH. 

Shall not remain on premises, - - - 137, 141 

" " " " docks, - - - 430, 138 
To be placed in front of premises, Tuesday, Thursday, 

and Saturday, ----- 144 

Not to be thrown into street, gutter, drain, &c., - - 343 

RUNAWAY. 

Defined, what is, - - - - - 322 

SABBATH. 

No sales in market on, except, - - - - 216 

" person over 15 years of age shall violate, - - 304 

" store to be open, . - . - - 305 

" drinking-house to be open, - - . 300 

" labor, ------ 304, 312 

" games, sports, &c., - . . . 397^ 308 

Nothing but necessaries to be bought, - - - 309 

Slaves shall not be worked, except, - - - 312 

Barbers may keep open imtil 12 o'clock, - - - 313 
Not to apply to steamboats or vessels, railroad trains, 

ice-houses, livery-stables, nor milk-cai'ts, - 314 

If clerk is sick sexton may issue permit for burial on, - 69 

SALE OF SLAVES. 

Regulated, names sliall be recorded by city clerk, - 326 

No depot for within certain limits, - - - - 327 

All slaves taxed $3 unless assessed as property, - 332 



ORDINANCES. 


265 


SALARIES. 


SECTION. 


Of city printer, - - - - 


2 


" atttorney, _ - - - 


32 


" sexton, - - - - 


70 


" clerk, - - - - - 


70, 90 


" physician of hospital, 


- 161 


" steward of " - 


164 


" clerk of market, - - - 


- 212 


" marshal and deputies, 


248 


" oflBcers and members of police, - 


- 248 


" surveyor, - - - - 


359 


" assessor of taxes. 


- 374 


" treasurer, - - - - 


415 


See Fees. 




SAVINGS BANK. 




Market bonds payable at, 


37 


Sinking fund deposited in, - 


40 


Duties of thereon, _ _ _ 


41 


Right of removal, _ - - - 


42 


Trustees of city shall deposit in, - 


56 


SCALES. 




Shall be inspected, how, _ - - 


- 191-193 


Duty of clerk of market as to. 


- 213 


What are to be used in market, 


219 



SCAVENGERS. 

Shall collect trash, &c., on Tuesday, Thursday and 

Saturday, ------ 144 

SEAL OF CITY. 

Established, ------ 1 

Shall be on licenses, - - - - - 74 

Shall be used by inspector of weights and measures, - 191 

SEAMEN OR BOATMEN. 

If sick, not to be landed without permission, - - 236 

SECRET FUND. 

Provided and regulated, (see Police,) - - 267-269 

SECRETARY. 

Wardens may elect, ----- 115 

Duty of, of fire companies, - - - - 112 

SENTINELS. 

Alarm appointed, ------ 260 

Duties, ------ 265,266 

SERVANTS. 

See Slaves, - '- - - . - 312-332 

Not to load or unload drays, carts, or wagons, or drive 

sheep, horses, &c., in city on Sunday, - - 310 



264 INDEX TO 

SEWERS. BKCTION. 

Established and regulated, (Drains,) - - 92, 333 

No trash or filth to obstruct, _ - _ 343 
SEXTON. 

Elected, bond, duties, - - - - 68, 69, 71 
SHADES AND AWNINGS. 

How erected over side-walk, - - - - 354 
SHEEP. 

Not to be driven in street on Sunday, _ - - 310 

SHELL ROAD. 

Right of way to, - - - - - 370, 371 

SHELLED. 

How streets may be, - - - - - 347 

Duty of surveyor as to, _ . _ - 360-363 

SHELLS. 

Not to remain on premises, - - - - 137 
To be placed in front of premises, Tuesda}', Thursday, 

and Saturday, ----- 144 

SHOWS. 

Shall be licensed, how exhibited, - - 315, 316 

Not permitted on Sunday, - - - - 307 

Police shall attend, _ _ - - - 317 
SICKNESS. 

See Diseases, - - - - 162, 135, 169, 146 

Articles may be sold on Sunday in case of, - - 309 

SIDE-WALKS. 

Required, how made, - - - - - 351 

Engine, hose cart, hook and ladder carriage, &c., not 

to run on, - - - - - - 117 

Fireworks or arms not to be discharged or let ofl' on, - 124 
Aroimd markets to be kept clean, - - - 213 
How trees planted on, _ - - _ 343 
How made in tire limits and before gates, - - 351 
" " out of " - - . . 352 
Shall not be obstructed in any way, - _ - 353 
No auction on, except by permission of mayor, - 353 
Walls, houses, or buildings that are dangerous not per- 
mitted to remain on, . - . 343^ 353 
How projections over shall be erected, - - 354 
Posts and columns on shall be of iron, except, - - 353 
To be swept every day, - . . . 355 
Trees on and over to be trimmed, - _ - 35G 
Where owner of obstruction is unknown it shall be 

sold, ------ 357 

When injury is done to, it shall be paid for, - - 358 



ORDINANCES. 265 



SIDE-WALKS. {Continued.) siotioh. 
If done by slave, or animal of unknown owner, it shall 

be sold to pay for, _ _ . . 358 

Nuisances may be reported to surveyor, - - 360 

Surveyor shall mark out, grade, and supervise work on, 361 

Duty of surveyor as to, - - - - 360-363 

SINKING FUND. 

Created by rent of stalls, . . _ _ 40, 41 

'^ to pay bonds of 1843, - - - 50-56 

SINGULAR. 

Includes " plural," - - . - - - 24 

SIGN-BOARDS. 

With name of streets, to be placed at corners, - 344 

How erected over side-walks, - . _ - 354 

Not to be injured, ----- 303, 343 

SKY ROCKETS. 

Not to be let off in city, ----- 124 

SLAUGHTER-HOUSES OR PENS. 

Prohibited, ------ 142 

SLAVES. 

How admitted to hospital, - - _ 166, 168 

Duty of citizen's patrol as to, - - - - 241 

Prison fees for, ------ 264 

How punished and recognized to keep peace, - - 13, 14 
Not to labor on Sunday, ----- 312 

Barbers may keep open on, until 12 M., - - 313 
Regulations, ------ 320 

Not to buy from or sell to, - - - - 320 

Runaway defined, - _ _ - _ 322 

Free person shall not associate with, - - - 321 

Four or more are unlawful assembly, - - _ 323 

Not to be guiltjr of rude conduct or language, - 324 

Nor drive rapidly, nor smoke in the street, - - 324 

" be absent from master's premises after 9 at night, 

nor harbor any slave, nor write pass, nor own dog, 

hog, cow, or horse, ----- 324 

How owner, if absent, may leave in charge of premises, 
or let him occupy other under his control, and not 

to live apart otherwise, - - - - 325 

Sale and hire of, regulated, . - - _ 326 

No depot for within certain limits, - _ - 327 

Shall not hire his own time, - - - - 328 

No one shall hire or contract with, - - - 329 

How to hire by the day, what is day's work, - - 331 



266 



INDEX TO 



SLAVES. (^Continued.) ' sectioh. 

Shall paj- tax of §3, when not assessed as property, - 332 

" not hawk oi' peddle goods without license, - - 133 
" " load or unload dray, cart or wagon, or drive, 

sheep, horses, cattle, or swine on Sunday, - 310 

Sale of, at auction, in the street, regulated, - - 353 

If slave injure side-walk, master shall pay for, - 358 

SLIPS. 

Shall be kept clear, (Docks, Wharves,) - 

Trash shall not remain in, - 
SLOPS. 

See Offal and Kitchen Stuff, - - - 

Not to remain on premises, - - - . 

How disposed of, shall be placed in front of premises, 
Tuesday, Thursday and Saturday, 

Not to be thrown in street, drain or gutter, - 
SMALL-POX. 

Duty of hospital physician as to, - 

" " board of health, _ - - 

See Diseases and Quarantine, - - - 

SMOKING. 

Slave shall not smoke in streets, 
SOAP FACTORY. 

How established, ----- 

SPIRITUOUS LIQUORS. 

Sale of, licensed, ----- 

Not to be adulterated, - - - - 

Shall not be sold on Sunday, - - - ■ 

" " " to slave without consent of owner. 

Persons loitering about wliere sold, how dealt with. 
How inspected, ----- 



SPORTS. 

Forbidden on Sunday, 

SQUARES, PUBLIC. 

Bienville, established, - - - 

Washington, « - - - - 

Trees not to be injured in. 

Horses, &c., not to be allowed to run in, - 

Nuisances in, forbidden, _ . . 

Duty of police as to, - 

Under direction of mayor and two presidents, 

Surveyors shall survey, - - - 

SQUIB. 

Not to be let ofiF, or fired, _ - - 



- 138 
139, 430 

135-137 
141, 138 

- 144 
343 

- 162 
135 

- 146 

324 

94 

171 

- 171 
306 

- 320 
417 

179-181 

307, 308 

- 291 
292 

343, 293 

- 295 
296 

- 297 
301 

- 361 

124 



ORDINANCES. 267 



STABLES. 8ECTI0I.. 

Warden shall examine, ----- 121 

Shall be kept clean, - - - - - 137 
Filth, &c., from, to be placed in front of, on Tuesday, 

Thursday, and Saturday, _ - _ . I44 

Sunday ordinance does not apply to, - - - 314 

STALLS. 

In market, to be rented annually, - - - 40 
Shall be kept clean, - - - - 213,217,137 
How rented, - - - - - 207, 209-213 

Two shall be set apart as public, - - _ 208 

STAVES. 

Shall not be placed where dangerous, _ - - 123 

STEAMBOATS. 

Included in " vessels," . - . - 24 

Sunday ordinance does not apply to, - - - 314 

STEPS. 

Shall not be injured, ----- 303 

STEWARD. 

Of hospital elected, ----- 164 

Duties of, ----- - 165 

STORES IN SOUTHERN MARKET. 

How rented, ----- 299,300 

STOVE-PIPES. 

Wardens shall examine, - - . _ 121 

STREETS. 

Ditch shall not be cut in, - - - - - 92 

No fire-arm or firework to be discharged in, - - 124 

Hose cart nor engine to run on side-walk, - - 117 

No burning coals or brands to be carried in, - - 125 

Hawking and peddling of meats, &c., prohibited, except, 133 

Surveyor's office, ------ 287 

Proceedings to open, alter, improve, repair, or drain, &c., 333 

Jur}'- to assess damages, and how collected, - - ' 334 

How proposals and contract made, - _ - 335 

Bulkheads, when street terminates at water, - - 336 

All streets, now open, are public, - - - - 337 

Not to be opened without permission of city, - - 338 

Opening, is a dedication, ----- 339 

" Dog River Road street, (Note,) - - 339 

Regulation of, ----- - 340 

Pipes, how laid, bolts and marks not to be moved, - 340 
No house to be erected on, or enlarged, unless on appli- 
cation to surveyor, ----- 341 



268 INDEX TO 



STREETS. {Continued.) sxotioi»_ 

Building material not to fill more than one-third of - 342 

No cotton, wood, lumber, &c., to be left in, - - 343 

" earth to be dug or disturbed in, or tree dug in, - 343 

Nor any board or sign to be injured, . _ _ 343 

" erection east of Front street, - - - 343 

How trees to be planted in, - - - - 343 

Name of, at the corners, - . - - 344 

Front street to be 70 feet wide, - - - - 345 

Houses on to be numbered, (Note,) - - - 346 
United States authorized to close street in rear of hos- 
pital, ------- 346 

How shelled, paved, or planked, _ . . 347 

Side-walks required, - - - - - 351 

How made in fire limits, - - - - 351 

" " if not in fire limits, - - - 352 

Not to be obstructed in any way, - _ . 353 

Walls, &c., leaning over, if dangerous, shall be moved, - 353 

No erections over, less than 12 feet high, how, - 354 

All fronts on, swept ever}^ day, - - - - 355 

Trees to be trimmed over, . - . - 35(5 

Nuisances to be removed from, - - - - 357 

Not to be injured, if so, to be paid for by owner of the 

animal, or the person committing it, - - 358 

Surveyor of, elected, - - - . . 359 

Duty of, in supervising and directing all work on, 360-364 

Right of way to M. and Ohio R. R. Co., - - 366 

•' " " New Orleans R. R. Co., 367-369 

" " BayroadCo., - - - - 370 

" « Spring Hill shell road, - - 371 
Around markets, to be kept clear, . . . 213 
Quarreling and disorderl}^ conduct, forbidden in, - 303 
No sign-board, steps, blinds, door-plates, to be injured, - 303 
Musicians to be licensed, - - - . 315^ 3I6 
Slaves shall not be guilty of rude, insolent or blasphe- 
mous language, or disorderly conduct in, - - 324 
Shall not drive rapidly in, nor smoke pipe, or segar in, 

nor be in after 9 at night, . . _ 304 

Persons drunk in, how dealt with, _ - . 417 

STUDENTS. 

In hospital, - - - - - - 163 

SUMMONS. 

Form of, - - - - - - - 16 

Jury by marshal or police officer, _ _ - 334 



ORDINANCES. 269 



SUBSCRIPTION. s>=<:"os. 

Includes "mark," - - - - - - 24 

SULKY. 

Licensed, - - - - - - 82 

SUNDAY. 

No sales in market on except, - _ . - 216 

" person over 15 years of age shall break, - - 304 

" stores to be open, _ . _ - _ 305 

" drinking-house open, - _ - - 306 

" labor, ------ 304,312 

" games, sports, &c., on, _ - . - 307, 308 

Nothing but necessaries to be bought, _ - - 309 

Slaves shall not labor on, - - - - 312 

Places of worship shall not be molested, - - - 311 
Not to apply to steamboats or vessels, railroad trains, 

ice-houses, livery-stables, nor milk-carts, - ol4 

Barbers may keep open until 12, _ _ - 313 
If city clerk sick on, sexton may issue permit for 

burial, ------ 69 

SURGEON. 

Of hospital, elected, duties, &c., - - - - 161 

SURVEYS. 

To be made by survej'or of city, - - _ 361 
SURVEYOR. 

Of city, elected, ------ 359 

Office, office hours, duties, - - - _ 360, 287 

Duty of as to streets, - _ - - 333^ 335 

" " " numbering houses, (Note,) - - 346 

" " " shelling, &c., streets, - - 348, 349 

No building erected unless applied to, - - 341 

Shall keep complaint book, duties as to, - - - 360 

Shall make maps, field-notes, &c., - - - 361 

Mark out all streets, the grades, &c., - - _ 362 

Supervise streets, walks, &c., - - - - 363 

Duties as to street force, ----- 363 

May appoint overseer, with sanction of mayor, - 364 

Shall aid assessor of taxes, - - - - 378 

SUSPECTED PERSONS. 

Duty of police as to, - - - - - 253 

SWINE. 

Not to be driven on Sunday, - _ _ - 310 

Slave shall not own hog, dog, or horse, &c, - - 324 

Injury by to side-walks, owners shall pay for, - - 324 

If owner imknown, shall be sold, - _ _ 324 



270 INDEX TO 

TABLE, GAMING. sxct,on. 

Prohibited, - - . . . 130-132 

TAVERN. 

Not to permit gaming in, - - - - 132 

Shall be licensed, ------ 172 

Duty of keeper, - - _ _ . 173 

" " " as to paupers, - - - - 237 

TAXES. 

Tax lists, how printed, - _ - . 3 

Mobile and Ohio R. R. Co., for, - . - - 58-64 

^2 shall be paid by each passenger from abroad, - 234 

Assessor of, office, elected, - - - - 286, 374 

Property subject to assessment, _ - . 372 

Directions as to, - - - - - - 373 

Poll tax of $1, - - - - - 373 

Members of fire department exempt from poll tax, - 98 

Assessor shall make assessment each year, - - 375 

" shall commence 1st December, - - - 376 

Form of notice, - - _ . . 377 

All persons shall render their property to, - - 378 

Form of and duty of assessor, - - . 378 

Assessment to be completed by 1st Februarj^. - - 379 

To be returned to city clerk, - - - - 380 

Mayor and two presidents shall examine, - - 381 

And make orders, - - - . . 381^ 410 
Notices to be given, ----- 330 

Duty of clerk, ----- 383 

" " mayor and two presidents, _ - . 334 

'• " two boards, - - - - 385 

Maj-or to issue warrant to tax collector, - - - 387 

Tax collector elected, &c., - - - - 388 

Dutj- of as to payment of real estate tax, - - 389 

Shall pay over all other moneys, - - - 390 

His liabilities, - . _ . . yiji 

Proceedings to enforce collection, may sell, - 392, 395 

Shall give certificate of s^ale, - - - - 393 

Purchaser foiling to pay, how to proceed, - 394 
Assessment is a lien, ----- 395 

Collector's duty as to propei'tj- not assessed, - - 396 

License tax, who subject to, - - - - 397 

Assessor shall determine, - - - - 398 

Penalty for failing to take license, _ - - 400 
Assessor shall surrender all blanks, furnished to him 

by mayor, - - - - 402 

Shall assist city clerk, ----- 403 

Proceedings before mayor as to delinquents, - - 403-405 



ORDINANCES. 



271 



TAXES. {Continued.) 

Warrant to collector to collect license tax, 

Duty of collector thereon, - - - - 

Collector shall report monthly as to process, 

•' " pay over regularly, _ - _ 

Provisions of this license ordinance not to extend to 

those cases where the city may impose a license 

without limitation, _ - - - 

Slaves shall pay a tax of ^3 unless assessed as 

property, ------ 

TAX COLLECTOR. 

Elected, bond, salary, . - - - 

To collect taxes for M. and Ohio R. R. Co., - 
His duties therein, . - - - 

Shall keep a record of persons who pay railroad tax, 
duties therein, - - - - - 

Shall pay taxes into bank of Mobile to meet railroad 

bonds, ----- 

Shall collect $2 from each passenger from abroad. 
Office in municipal buildings, _ _ - 

Shall collect assessment for shelling, &c., streets. 
General duties, - - - - - 

Liability, __---- 

Duty when taxes are not paid, maj' sell, - 
Shall give certificate of sale, - - - - 

On failure of purchaser to pay may sell again, 
His duty as to property not assessed, - - - 

Warrant to collect license tax, - - - 

Duty of collector therein, - - - 409, 

TEN-PIN ALLEYS. 
Licensed, 
Forbidden on Sunday, ----- 

THEATER AND THEATRICAL EXHIBITIONS. 

Shall be licensed, ----- 
Regulations for, - . - 

THROWING TRASH. 

In street, drain, &c., forbidden. - - - 

TIMBER. 

Not to remain in docks, _ . . _ 

Not to be placed where it is dangerous, - 

How inspected, _ . . _ . 

Not to be placed in public square, 

How placed in streets when building. 

And not otherwise, - - _ _ _ 

Not to be hauled so as to touch or injure street. 

Not to be deposited on side-walk, 



SECTION. 

407, 408 

409, 412 

- 413 

413 



414 



388 

59 

59-62 



62 



- 


64 




234 


- 


285 


349. 


,350 


- 


389 




391 


392 


,395 




393 


- 


394 




396 


407, 408 


412, 


,413 



308 

315,316 
317-319 

- 343 

138 

- 123 
183 

- 293 
342 

- 343 
343 

- 353 



272 INDEX TO 



TIPPLING HOUSE. sf.ct.o». 

Persons loitering about, how dealt with, - - -417 

TOMB-STONE. 

Protected, ------ 68-71 

Not to be injured, - _ _ . . 303 

TRADE. 

License for, - - - . _ 373^ 397 

TRANSIENT PERSONS. 

See Passengers, ----- 23-4 

TRASH. 

Shall not remain on premises, - - - - 137 

Not remain in docks, - - - - - 138, 430 

" to be thrown in street, drain, or gutter, &c., - 343 
To be placed before premises on Tuesday, Thursday, 

and Saturday, ----- 144 

TRANSFER. 

Or sale of any cart, dray, or wagon to be recorded by 

clerk, ------ 76 

So too as to market stalls, - - - - 211 

TREASURER. 

Elected, bond, salary, ----- 415 

Form of bond, - _ . . - 27 

Office in municipal buildings, . - - - 283 

Duties, ---..- 416 

Shall file and record tax collector's receipts, - - 389 
Shall deposit proceeds of stall rents, - - - 40, 45, 46 

Shall open cemetery account, - - - - 70 

Shall pay and report thereon, - - - - 70 

Duty of as to renting market stalls, - - - 207 

" " " secret fund, . - - - 267-269 

Clerk shall keep an account with of all, - - - 90 

Moneys received for licenses, fines and all, - - 90 
Other sources, ------ 90 

Clerk shall pay all fees to, - - - - 91 

Shall hold proceeds of vessels, &c., sold as nuisances 

until forfeited, ----- 139 

Shall keep record of the clerk for council, - - 416 

TREES. 

How planted in graveyards, - - - - 72 

Horses not to be tied to in grave3^ards, - - 73 

In public squares not to be injured, . _ - 294 

In streets, &c., " " " " - - - 343 
How planted in streets, ----- 343 

Shall be trimmed, how, . . - - 356 



ORDINANCES. 



273 



TRUSTEES. 

Mayor one for southern market, - 
All public property withlield from 
City trustees, _ - - . 

Of southern market, - - - 

Duties of, - 

Of city property, elected, powers, duties. 
Time of election, term, vacancy, - 
Shall deposit money in savings bank. 



TUMULT. 

Duty of mayor in case of, 

" " marshal in case of, 
Alarm bell for, how struck. 
Duty of police as to public exhibitions, 

UNITED STATES HOSPITAL. 
May inclose street for use of, 

UNLAWFUL ASSEMBLY. 

All to be dispersed by citizen's patrol, 

Duty of councilmen as to, 

What is, of slaves, - - - 

VACANCIES. 

How filled, . _ . 

In city trustees, . _ . 

Chief engineer of fire department, 
Assistants, '( " « 

Committee of master mechanics, - 
Assessor of taxes, - . . 



38 
54 
54 
38 
39 
50-53 
55 
57 

229, 231 
249 

- 266 
318, 319 

- 346 

241 

- 247 
323 

29 
56 

- 103 
104 

- 198 
374 



VACANT LOTS. 

Shall be fenced, ----- 204,205 

Shall be cleared off and cleansed when city authorities 

direct, ------ 204,205 

VAGRANTS. 

Likely to become a charge and failing to leave on 

notice, how dealt with, - - - . 237 

To prevent and punish, _ . _ . 417 

VAULTS. 

See Burying Grounds, ----- 68-71 

VEGETABLES. 

Peddling of prohibited, except, - - - 134, 220 

What part of market shall be sold in, - - - 210 

Fees for vacant or public stall in market, - - 214 

Not to be thrown in dock, _ _ . . 430 



274 



INDEX TO 



VEHICLES. SECTION. 

Shall be numbered, ----- 75 

" " licensed, ------ 82 

Drivers of sliall stand near, - - ^ - 88 

Fare of when licensed, - - - - - 83 

Shall take loads when offered, - . . 84 

Not to be engaged in racing, - - - - 88 

Shall have copy of 83 and 84, in every one, - - 89 

" not stand before dwelling house, - - 87 

Drivers shall not be guilty of disorderly conduct, - 87 

Fee for license to clerk, _ - - - 91 

Not to obstruct market premises, - - - 213 

VENIRE FOR JURY. 

Summoned and returned by police, - - - 334 

VERANDAS. 

How erected over side-walk, - _ - - 354 

VESSELS. 

Maj be removed, ----- 9 
Includes "steamboats," "steamers," "barges," and all 

water craft, - - - - - 24, 152 

If nuisance, how disposed of, - - - - 139 

]\Iasters of to give bond and pay tax for passengers, 234-236 

" as to sick persons, seamen, &c., - - - 236 

Containing powder, not to laj- at wharf, - - 275 

How powder shall be landed from, . . - 276 

Sunday ordinance does not apply to, - - - 314 

Fire wardens shall examine, . - - - 121 
VINOUS LIQUORS. 

Sale of, licensed, _ - _ . - 171 
Not to be adulterated, ----- 171 

" " sold on Sunday, - - - - 306 

" " sold to slave, unless by consent of owner, - 320 

Persons loitering about where sold, how dealt with, - 417 

How inspected, ----- 179-181 

VOLUNTEER REGIMENT. 

Armory for, ------ 228-231 

VOTE. 

Who qualified to, for engineers. <tc., of fii-e department, 102, 105 

For fire wardens, - - - - - -114 

WALL. 

Not to remain standing, if dangerous, - - - 343, 353 

Surveyor shall report, - - . _ - 3G0 

WAGONS, DRAYS, &c. 

Shall be licensed, - . - - . 74-76 

Sales and transfer of license, to be reported, - - 76 



ORDINANCES. 275 



WAGONS, DRAYS, &c. (Continued.) section. 

Driver of, shall keep on right side of road, - - 80 

Shall have good reins or lines, - - - 81 

Not to be driven fast, - - - - - 81 

Fees for license to clerk, - - - - 91 

Not to be used on Sunday, except in case of necessity, - 310 

Keeper of powder magazine shall have a cart, - 272 

Sunday ordinance does not apply to milk carts, - - 314 

Not to obstruct side-walk, - - - - 353 

WAEDENS, FIRE. 

Eight elected, duties, &c., . _ _ _ 114 

May elect president and secretary, - - - 115 

Shall examine buildings, - - - - - 121 

WARRANTS. 

Form of, ------ 17 

Powers and duties of police as to, - - 253-258 

WASHINGTON SQUARE. 

Established, (see Public Squares, 291-298,) - 292 

WATER-CRAFT. 

Included in " vessels," ----- 24 

WATER-FRONT. 

Where streets terminate, bulkheads shall be made, how, 336 

No building, shed, or inclosure erected on, - - 343 

Width of Front street shall be 70 feet, - -' - 345 

Established and limited, - - - - 427 

WATER. 

Standing, how drained, &c., _ - _ - 333 

WATER-WORKS. 

No person shall injure, _ _ _ _ 413 

Nor injure reservoir, ----- 419 

" use water of, unless permitted to do so, - - 420 
" sell water, ------ 421 

" waste, ------ 422,423 

Workmen on, to be under direction of lessee, - - 424 

Penalties, - - - - - - 425,426 

How taxed, ------ 372 

How pipes shall be laid in streets, - - - 340 

WATCHMEN. 

Appointed by mayor, (Police,) - - - - 248 

Captain of, duties, ----- 251 

Lieutenant of, " - - - - - - 252 

Duties of, or police, ----- 253-258 

How punished, when guilty of improper conduct, - 255 

Duty of all persons to assist, when called on, - - 257 

No person shall interfere with, or resist, - - - 256 



276 INDEX TO 



WATCHMEN. {Continued.) sMcnon. 

No person shall falsely represent, . _ . 258 

Duty of alarra sentinels on bell tower, - - 265, 266 

Shall have office in municipal buildings, - - - 289 

WAY RIGHT. 

To M. and Ohio R. R. Co., - - - - 366 

" " New Orleans R. R. Co., - - 367-369 

" " Spring Hill shell road, &c., - - 371 

" Mobile Bay road, - - - - - 370 

WEIGHTS AND MEASURES. 

Duty of clerk of market as to, * - _ 213 
Shall be inspected, how, ----- 191 

Duties of inspector, and fees, - - - - 191 

Duty of citizen as to, _ . - - 191-193 

What to be used in market, - - - - 219 

WHARF. 

Trustees authorized to rent, - - - - 52 

Docks near, shall be kept clear of obstructions and filth, 138 
Vessels and water-craft that cause nuisance, to be re- 
moved, ------ 139 

Vessels containing powder, not to lay at, - - - 275 

How landed at, - - - - - 276 

Limit of front, ------ 427 

How constructed, ----- 428 

How buildings constructed east of Water street, - 429 

" " between Royal and " " - 429 

No filth, &c., to be permitted in dock or slip, - - 430 

WINDOWS. 

Blinds of not to be injured, - - - - 303 

WOODEN BUILDINGS. 

Not be erected in fire limits, - - . . 121 

WOOD, FIRE. 

Shall be inspected, how, . - - _ 185 

Not to be placed in dangerous location, - - - 123 

All short and unsound forfeited to hospital, - - 185 
Carts and drays to be marked, and not to carry, with 

one horse, more than one-third of a cord at a load, - 186 

Sellers shall set up posts to measure, - - - 187 
Inspector of, shall have office, keep account, and re- 
port, ------- 188 

WOOD. 

Not to be deposited in public square, - - - 293 

" " « street, - - - 343 



ORDINANCES. 



277 



WORK. SECTIOir. 

On buildings, how inspected, - - - - 195-197 

Fees for, ------- 199 

What is day's work for slave, - - - - 331 

WORSHIP. 

Places of religious, not to be disturbed, - - - 311 

WRITING. 

Includes " printing," ----- 24 

YARD. 

Of house, shall be kept clean, - - - - 136 
May be examined by board of health, - - 135, 136 
" " " fire wardens, - - - 121 
Fire-arms, or works, not to be discharged in, - - 124 
Filth, &c., from to be placed in front of premises, Tues- 
day, Thursday, and Saturday, - - - 144 
Mayor may require to be cleansed and purified, - 145 
Side-walk before, be swept every day, - - - 353 
" required, how made, - . - 351^ 352 
YEAR. 

Municipal, what is, ----- 25 

What is, for licenses, ----- 74 

" " taxes, - - - - - 376 



APPENDIX. 



APPENDIX. 



CONTAINING I 

PAGE. 

1st. — A statement of the date of the French, British, Spanish, 

and American occupation of Mobile, - - - 284 

2d. — A list of the governors of that part of Alabama south of the 
31st degree of north latitude, with the commandants of 
Mobile, under the French, British, and Spanish govern- 
ments, and the presidents and mayors of Mobile, and 
collectors of customs for United States, to 1858, 285-290 

3d. — A list of the members of the legislature and county judges 

ofMobilecounty to 1858, - - - - 290 

4th. — Acts of Congress relating to French, British, and Spanish 
grants in Alabama, south of the 31st degree of north 
latitude, viz. : 

1. 25th April, 1812, - - - 295 

2. 18th " 1814, - - ■ 298 

3. 20th " 1818, - - - 299 

4. 3d March, 1819, - - 300 

5. 8th May, 1822, - - - 306 

6. 8th " 1822, - - 308 

7. 26th " 1824, - - - 311 

8. 3d March, 1827, - - 312 

9. 3d " 1827, - - - 314 

10. 2d " 1829, - - 315 

11. 26th June, 1834, - - - 317 

5th. — Acts of Alabama to enable the corporate authorities of the 
city of Mobile to provide for the security and payment 
of the debts of said city, and for other purposes, accom- 
panied with a statement of the city debt to that time. 
Approved, February 11, 1843, - - - - 318 

1. To amend the law in relation to justices of the 
peace, in the city and county of Mobile. Febru- 
ary 29th, 1848. 

See §§ 117, 118, 119, 120 of City Charter. 



282 APPENDIX. 



2. Authorize justices of the peace in the city of Mo- 

bile to hold their offices, and transact business 
without the limits of their proper beats. Febru- 
ary 4th, 1S40, - - - - - 347 

3. To regulate the fees of constables in the city of 

Mobile. January 31st, 1846, - - - 347 

4. Penalties for malfeasance of justices and consta- 

bles. January 12th, 1826. 

See Note to § 120 of Charter. 

5. For the better securing mechanics in the city and 

county of Mobile. December 9th, 1841, - 348 

6. For protection of mechanics. February 2d, 1839, 350 

7. For relief and protection of ship-carpenters, ship- 

joiners, and others in the city and county of Mo- 
bile. February 4th, 1840, - - - 350 

8. The more efl'ectually to secure the collection of 

rents in the city of Mobile. January 30th, 1840, 351 

9. County not to lay out roads in the city. January 

17th, 1834, - - - - - 357 

10. Polls to be kept open at every annual election in 

the city from 9 o'clock, A. M. till 6 o'clock, 

P. M. December 23d, 1836, - - - 357 

11. To provide a more efficient remedy in cases of 

unlawful entry and detainer in the city of Mo- 
bile. March 3d, 1848, - - - - 353 

12. Sections of Code providing for commissioners of 

pilotage, and regulating pilots. January 17th, 
1853, ------ 358 

13. For the more effectual preservation of the arms 

of the State in charge of the First Volunteer 
Regiment of Alabama militia, and for other 
purposes. Januar}^ 15th, 1844, - - - 365 

14. Defining the bounds of the 48th, 94th, and 95th 

Regiments of Alabama militia. January 21st, 
1845, ------ 367 

15. For the better organization of so much of the 

4th Division A. M. as lies within the city of 
Mobile, ------ 367 

16. The several acts incorporating the fire companies, 

and the Fire Department Association, - - 368 

6th. — Acts, correspondence, and contracts for the City Water 
Works, - - - 

1. Act, December 20th, 1820, - - - 378 



APPENDIX. 283 



2. 18tli section of Act of 24th December, 1824, - 383 

3. Agreement between H. Hitclix^ock and the city, 383 

4. Act, December 25th, 1837, - - - 388 

5. Letter of H. Hitchcock to the city, - - 390 

6. Resolutions of maj'or, &c., and contract with 

Hitchcock, ----- 391 

7. Letter from A. Stein to H. Hitchcock, - - 392 

8. Act, January 7th, 1841, and contract with Stein, 395 

9. Act, December 25th, 1841, - - - 402 
10. Act, February 4th, 1846, - - - - 404 

7th. — Gas light contract, ----- 405 



284 APPENDIX. 



STATEMENT OF DATES 



FRENCH, BRITISH, SPANISH, AND AMERICAN 
OCCUPATION OF MOBILE. 



January 31st, 1699 — Lemione D'Iberville, with a colony of 
French, settled Dauphin Island. 

Late in 1701 or early 1702 — A settlement was made at 
the mouth of Dog river, called Ft. 
St. Louis De La Mobile. 

March 11th, 1711 — Mobile was settled by the French at 
its present site, by Bienville, and a 
fort built called Fort Louis, until 
1721, when it was named Fort 
Conde. 

Feb. 10th, 1763— France ceded it to Great Britain. 

Oct. 20th, 1763 — Grreat Britain took jDOSsession. 

March 14th, 1780 — Spanish (Grov. Galvez) took possession. 

Sept. 3d, 1783 — Great Britain ceded it to Sj)ain. 

Oct. 1st, 1800 — Spain ceded it to France. 

April 30th, 1803— France ceded it to the United States. 

Oct. 27th, 1810 — The presid*ent issued his proclamation 
to the governor of the Orleans ter- 
ritory to take possession of the 
country to the Perdido. 

May 14th, 1812 — ^Mobile was included in the Mississippi 
territory. 

February 12th, 1813 — The president was authorized to 
occu^jy and hold all that tract of 
country called West Florida, which 
lies west of the Perdido, not in 
possession of the United States. 



GOVERNORS UNDER FRENCH, SPANISH AND ENGLISH. 285 

April 15th, 1813 — Mobile was taken possession of hj 
General Wilkinson for the United 
States. 

March 3d, 1817 — The country west of the Perdido to the 
State of Mississippi, was included 
in the territory of Alabama. 

December 19th, 1819 — Alabama was admitted as a State 
into the Union. 

January 20th, 1814 — Mobile incorporated as a town. 
December 17th, 1819— " " " city. 



GOVERNOES OF THAT PART OF ALABAMA SOUTH OF THE 
THIRTY-FIRST DEGREE OF NORTH LATITUDE. 

FEENCH. 

Lemoine D'Iberville, 1699. 

SanvoUe, his brother, 1699 to July 22d, 1701. 

Bienville " July 22d, 1701 to May 17th, 

1713. 
Antonio de la Motte Cadillac, May 17th, 1713 to 

March 9th, 1716. 
De L'Espinay, March 9th, 1716 to October 27th, 

1717. 
Bienville, October 27th, 1717 to February 16th, 

1724. 
Boisbriant, February 16th, 1724, to August 9th, 

1726. 
Perrier, August 9th, 1726, to March 17th, 1733. 
Bienville, March, 1733, to May 10th, 1743. 
Marquis de Vandruiel, May 10th, 1743, to February 

9th, 1753. 
Louis De Kerlerec, February 9th, 1753, to June 

29th, 1763. 
D'Abbadie, June 29th, 1763, to October 20th, 1763. 



286 APPENDIX. 



ENGLISH AT PENSACOLA. 

Capt. G-eo. Johnson, February, 1764. 
Hon. Montfort Brown. 
Governor Elliot. 
Hon. Montfort Brown. 

Hon. Peter Chester, 1772 to 1777, March 14th, 
1780. 

SPANISH. 

Col. Don Bernardo De Galvez, March 14th, 1780, to 

July 31st, 1786. 
Col. Estevano Mu-o, July 31st, 1786, to March 

17th, 1791. 
Col. Baron De Caronclelet, March 17th, 1791, to 

October 28th, 1796. 
Brigadier Don Manuel Gayoso De Lemos, October 

28th, 1796, to June 17th, 1799. 
Marquis De Casa Cairo, Fall, 1799. 
Col. Manuel Don Juan De Salcedo, June 15th, 

1801 to 1803. 
Until 1720, Mobile was the seat of government 

for Louisiana, it was then removed to Biloxi, 

and, in 1723, to New Orleans. 
The commandants of Mobile are here given as well 

as they can be ascertained. It is possible there 

are some omitted. The French are found in 

Martin, Monnette, Gayarre and Pickett. The 

Spanish are from the record of Mobile county, 

and the land laws. 



COMMANDANTS AT MOBILE, 1722 TO 1813. 

FRENCH. « 

Marigny de Mandeville, June 4th, 1722. 
Drunot de Valdeterre, 1726. 
Beauchamp, 1731. 

Deron De Artaquette, April 23d, 1733, and March 
18th, 1738. 



COMMANDANTS AT MOBILE, 1722 TO 1813. 287 

FEENCH. {Continued) 
Beauchamp, 1741. 
Pierre Annabel De Ville, 1757. 
De Grand Pri, 1762. 
Pierre Annabel De Ville, to Oct. 20th, 1763. 

ENGLISH. 

Major Kobert Tanner, Oct., 1763, and was under 

the jurisdiction of the commanding officer at 

Pensacola until its capture by Galvez, March 

4th, 1780. 
SPANISH. 

Henry Grimarest, June 28th, 1781, to April 28th, 

1784. 
Pedro Fanrot, August 8th, 1785, to June 20th, 1787. 
Vinceate Folch, June 22d, 1787, to March 30th, 

1792. 
Manuel De Lanzos, July 16th, 1792, to April 29th, 

1795. 
Pedro Olivier, May 28th, 1795, to February 27th, 

1798. 
Manuel De Lanzos, April 1st, 1798, to Nov. 18th, 

1800. 
Joaquim D'Orsono, December 3d, 1800, to July 1st, 

1805. 
Francisco Max De St. Maxent, July 16th, 1805, 

to August 30th, 1807. 
Antonio De Salazar, October 31st, 1807, to February 

7th, 1809. 
Cayetano Peres, February 9th, 1809, to March 21st, 

1811. 
Francisco Max De St. Maxent, March 22d, 1805, 

to March 23d, 1811. 
Cayetano Peres, March 24th, 1811, to June 14th, 

1811. 
Francis CoUell, June 14th, 1811, to August 2d, 1811. 
Cayetano Peres, August 7th, 1811. 
Francisco Mendiota, September 7th, 1811, to Sep- 
tember 13th, 1811. 
Francisco Peres Muro, September 17th, 1811, to 

September 17th, 1811. 



288 APPENDIX. 

SPANISH. {Continued.) 

Cayetano Peres, September 24th, 1811, to November 

3d 1811. 
Manuel Ordonez, December 4th, 1811, to January 

20th, 1812. 
Cayetano Peres, March 31st, 1812, to April 13th, 

1813. 



COMMANDAJfTS AD IXTEEIM- 

Joseph De Ville Degontin, November 1st, 1792. 

" " " October 6th, 1798. 

Ignacio De Acosta, Nov. 8th, 1791. 

" " " January 25th, 1792. 

Cayetano Peres May 16th, 1800 to 29th May, 1800. 
" " August 3d, 1802. 

" " December 20th, 1802, to December 

23rd, 1802. 
Cayetano Peres, April 14th, 1803, to April 15th, 

1803. 
Hemetrio De Hevia, July 2d, 1803. 
Cayetano Peres, December 1st, 1803, to December 

27th, 1803. 
Cayetano Peres, June 15th, 1804. 
Hemetrio De Hevia, December 22d, 1804, to Jan- 
uary 22d, 1805. 
Francis Collell, August 22d, 1806, to September 

17th, 1806. 
Antonio Estanoz, March 10th, 1810. 
Francisco Peres Muro, November 5th, 1811. 



PRESIDENTS AND MAYORS. 



TEAR. 






NAMES. 






1814. 


- 


- 


Lewis Judson, - 


- 


President. 


1815. 


- 


- 


a a 


- 


a 


1816. 


- 


- 


a u 


- 


cc 


1817. 


- 


- 


James Inneranty, 


- 


11 



PRESIDENTS AND MAYORS. 289 



1818. - - Samuel H. Garrow, - President. 

1819. - - " " - " 

1820. - - Addiu Lewis, - - Mayor. 

1821. - - " " - _ " 

1822. - - ic a _ _ c( 

1823. - - John Elliott, - - " 

1824. - - Samuel H. Garrow, - 

1825. - - « a a _ a 

1826. - - " '' " - " 

1827. - - John F. Everett, - " 

1828. - - cc a u _ u 

1829. - - a a a _ cc 

1830. - - u u u _ « 

1831. - - John Stocking, - " 
1831 - - " " - " 

1833. - - « " - " 

1834. - - Stocking died, Everett elected, " 

1835. - - John f' Everett, - " 

1836. - - u cc u _ a 

1837. - - G.W.Owendied,AValton " " 

1838. - - Geo. Walton, - - " 

1839. - - Henry Ciiamberlain, - " 

1840. - - Edward Hall, - - ■ 

1841. - - ''''_- " 

1842. - - Charles A. Hoppin, - " 

1843. - - u ic a _ cc 

1844. - - u cc u _ 

1845. - - cc cc cc _ 

1846. - - Blanton McAlpin, - " 
1847. 

1848. - - James W. L. Childers, re-- 

signed, Langdon elected, " 

1849. - - C. C. Langdon, 
18.50. - - " " 

1851. - - " '' - " 

18.52. - - Joseph Sewall, - - " 

1853. - - C. C. Langdon, - " 

1854. - - " " 

1855. - - " " - " 



290 APPENDIX. 



YEAR. 



1856. - - Jones M. Withers, - Mayor. 

1857. - - u u a 

1858. - - U U CC . U 



COLLECTORS OF U. S. CUSTOMS FOR THE PORT OF MOBILE. 

In 1806, the customs were collected at Fort Stoddart, 
until 1813, since then at Mobile. 

In 1806, Edmund P. Gaines, (late Gen'l) was appointed 

and served until - - - - 1812 

" 1812, Addin Lewis, ----- 1829 

" 1829, George W. Owen, - - - - 1836 

" 1836, John" B. Hogan, 1841 

" 1841, James Perrine, - - - - - 1842 

" 1843, Collier H. Minge, ----- 1845 

" 1845, James E. Saunders, - - - - 1849 

" 1849, John J. Walker, ----- 1853 

" 1853, Thaddeus Sanford, - - - - 1858 
And has been recently re-appointed. 



This table, to 1850, was prepared by J. M. Cleveland, 
Esq., of Athens, Ala., to be published in the "Alabama 
Kegister." 

MEMBERS OF THE GENERAL ASSEMBLY 

Elected for Mobile county since the adoption of our Constitution in 1819 
STATE SENATORS. 

1819. - - - James L. Seabury. 

1820. - - - u u u 

1821. - - - John Elliott. 

1822. _ - - Francis W. Armstrong. 

1823. - - - u u u 

1824. _ - - James Taggert. 

1825. - - - William Crawford. 

1826. - - - Willoughby Barton. 

1827. - - - " " 

1828. - - - Jack F. Koss. 



MEMBERS OF LEGISLATURE. 



291 



1829. 
1830. 
1831. 
1832. 
1833. 
1834. 
1835. 
1836. 
1837. 
1838. 
1839. 
1840. 
1841. 
1842. 
1843. 
1844. 
1845. 
1847. 
1849. 
1851. 
1853. 
1855. 
1857. 



John B. Ho 



sran. 



James F. R 



oberts. 



Theopilus L. Toulmin. 



Edmund S. Dargan. 
Joseph Seawell. 
George N. Stewart. 

(.(, a cc 

Theopilus L. Toulmin, 
Tristram B. Bethea. 

a a a 

James S. Deas. 



1819. 

1820. 
1821. 
1822. 
1823. 
1824. 
1825. 
1826. 
1827. 
1828. 
1829. 
1830. 
1831. 



MEMBERS OF THE HOUSE OF REPRESENTATIVES. 

James W. Peters. 
Francis W. Armstronsr. 



Thomas L. Hallett. 

cc cc cc 

Willoughby Barton. 

Willoughby Barton, Thomas L. Hallett. 

Jack F. Ross, Elijah Montgomery. 

" " " William D. Stone, 
John W. Towsend, Thomas H. Lane. 
Joseph Bates, Thomas Byrnes. 
John F. Everett, Alexis Dm-and. 
Theopilus L. Toulmin, Isaac H. Erwin. 



292 APPENDIX. 



1832. Henry Chamberlain, B. B. Breedin. 

1833. " " Wm. K. Hallett. 

1834. John F. Everett, Samuel A. Roberts. 

1835. Jack F. Ross, George J. S. Walker. 

1836. John F. Everitt, Joseph Bates, Jr. 
1S37. T. L. Toulmiu, Joseph Bates, Jr. 

1838. Abner S. Lipscomb, Blanton McAlpin. 

1839. William F. Cleveland, Charles C. Langdon, Percy 

Walker, Isaac H. Erwin. 

1840. Charles C. Langdon, Thos. McPrince, A. C. Hol- 

linger, J. Bates. 

1841. John B. Hogan, Robert C. McAlpin, Isaac H. 

Erwin, Blanton McAlpin. 

1842. John A. Campbell, Isaac H. Erwin, Thomas W. 

McCoj^, Wm. D. Dunn. 

1843. James W. Lang, Robert C. McAlpin, J. B. Todd, 

Wm. D. Dunn. 

1844. Joseph Seawell, Wm. D. Dunn, Daniel Chandler, 

Philip Phillips. 

1845. Joseph C. Smith, Wm. P. Brown, Jeremiah Austill. 
1847. Percy Walker, Peter Hamilton, Elihu Lockwood, 
1849. C. W. Gazzam, Wm. G. Jones, E. Lockwood. 
1851. P. Phillips, Price Williams, C. P. Robinson. 
1853. Percy Walker, A. Billeek, R. B. Owen, J. Bell. 
1855. Jones M. Withers, Wm. B. H. Howard, James 

Battle, Washington M. Smith. (Battle and 
Withers resigned, and John T. Taylor, and C. 
C. Langdon were elected.) 
1857. J. B. Todd^ Thomas H. Herndon, Wm. G. Jones, 
L. F. Drummond. (Todd resigned and Henry 
Chamberlain was elected.) 



JUDGES OF THE COUNTY OF MOBILE, 

From the organization of the County Court in 1821. 
COUNTY COURT. 

2 0.9 1 _ ( Hugh H. Rolston. 

( Thomas Murray. 
1822. - - _ « Thomas Murray. 



JUDGES FOR MOBILE COUNTY. 



293 



1823. 

1824. 
1825. 
1826. 
1827. 
1828. 
1829. 
1830. 
1831. 
1832. 
1833. 
1834. 
1835. 
1836. 

1837. 

1838. 
1839. 
1840. 
1841. 

1842. 
1843. 
1844. 
1845. 
1846. 
1847. 
1848. 
1849. 
1850. 



John C. Mitchell. 
William Hale. 



William M. Garrow. 



William M. Garrow. 
John F. Everett. 



John A. Cuthbert. 



Joseph Seawall. 



CRIMINAL COURT FOR MOBILE COUNTY. 



1846. 
1847. 



r Philip Phillips. 
-\ George W. Crabb. 
[ Henry Chamberlain. 



294 



APPENDIX. 



-,nAn { Henrv Chamberlain. 

1848. - - - -^ ^ , " ^ 

( John E. Jones. 

1849. - - - - a a c. 

1850. - - ■ - u u u 

In 1850 the Probate court was established, the county 
court abolished, the criminal court was vested with civil 
jurisdiction, and the .name changed to "city court of 
Mobile." 
1850. - 
1851. 
1852. - 
18.53. 

1854. - 

1855. - - -. 

1856. - 
18.57. 
1858. - 



Alexander McKinstry. 



18.50. 
1851. 
18.52. 
1853. 

1854. 

18.55. 

1856. 
1857. 
1858. 



PROBATE COURT OF MOBILE. 
- - - Edwin Eust. 



cc a 

Alexander B. Meek. 
John A. Hitchcock. 

ic a a 



U. S. LAWS TO SETTLE LAND CLAIMS IN MOBILE. 295 

UNITED STATES LAWS 

TO SETTLE LAND CLAIMS IN MOBILE. 



AN ACT for ascertaining the Titles and Claims to Lands in that part of Loni- ^^^^ ^ -j^ 
siana which lies east of the river Jlississippi, and Island of New Orleans. 1812. 

Be it enacted by the Senate and House of Representatives 
of the United States of America, in Conjress assembled, 
That for the purp(,)se of ascertaming the titles and claims cultrict". 
to lands in that tract of country which lies south of the 
Mississippi territory ,• east of the river Mississippi and 
island of New Orleans, and west of the river Perdido, and 
a line drawn with the general course thereof to the southern 
boundary of the said Mississippi territory. The lands 
within the said limits shall be laid off into two land clis-p^^j.,^;^,^^.^^ 
tricts, between which Pearl river shall be the boundary, {J'o™ j!,'°y. 
and for each of which districts a commissioner for land ^ ^^i^n^ig. 
claims shall be appointed by the President of the United e'^'^^lfVis- 
States, with the advice and consent of the senate. The 
said commissioners shall, respectively, have power to appoint commis- 
a clerk, who shall be a ^^erson capable of translating the appoint 
French and Spanish languages, and who shall, in addition I'leoarans- 
to the other duties required of him by this Act, perform the g^^^^^i^^"'^ 
duties of translator, when required by the commissioners. 
And the said commissioners and clerks shall, before entering 
on the duties of their appointments, respectively, take an oath 
or affirmation, truly and faithfully to execute the duties 
imposed on them by this Act. 

Sec 2. And be it further enacted, For the morecommis- 
convenient ascertainment of the titles and claims to lands tcmi in the 
as aforesaid, it shall be the duty of each of the said com- parishes. 
missioners respectively, and their clerks, to attend in eacb 



296 APPENDIX. 



of the several parishes in his district, at such time and 
place therein as he shall appoint, for the purpose of receiv- 
ing notices and evidences of titles and claims to lands 
within the same ; and when the commissioners shall have 
appointed the time and place for his attendance in any par- 
ish, he shall cause public notice thereof to be sriven to the 

Twenty . . , . ■ 

days' notice, inhabitants of the same, for at least twenty days previous 
to the time of his commencing the business of his appoint- 
ment therein. 

Sec. 3. And be it further enacted, That each com- 
missioner, after he shall have attended for a reasonable 
and sufficient length of time in each parish of his district, 
for the claimants of lands within the same to have delivered 
the notices and evidences of their claims, shall establish his 
Commission- office at such a place in his district as he shall judge most 
office. convenient, and of which he shall give public notice ; and 
every person claiming lands within his district, who shall 
have neglected, or by any circumstan'ce have been prevented 
from delivering a notice and evidence of his claim during 
the time the commissioner attended in the parish in which 
the lands he may claim are situate, shall be at liberty, at 
Six months ^^7 ^^^^® beforc the end of six months from and after such 
lishmenfof officc shall liavc been established, to deliver a notice, and 
etf'to gil-e" tlie evidence of his claim, and it shall have the same effect 
as if delivered in the ]3aris)i wherein the lands claimed are 
situated. 
Frcncii, Sec. 4. Aud 1)6 it further enacted, That every per- 

Biiti,-li or . •' ' .-11 

Spanish son claimmg lands m that tract of country atoresaid, by 

griuUs, &c. . ° ^ 1 • 1 r> 

vn-tue of any grant, order of survey, or other evidence of 



claim whatsoever, derived from the French, British, or Span- 
ish government, shall deliver to the commissioners for land 
claims, when attending for the purpose in the parish in 
which the land claimed may lie, a notice in writing, stating 
the nature and extent of his claims, together with a flat 
(in case of a survey having been made) of the ti-act or 
tracts claimed ; and shall deliver to the commissioner, wlien 

Grnnfs. &c., ■ ■> ,• ^ f ^ • 11 

toi)0(ieiiv- attendmg as aloresaid, tor the purpose ol bemg recorclea, 

cri'il to tlio '^ ' '- ^ 1 

comn.is- every grant, order of survev, deed, conveyance, or other 

SKincr. to bo •' "^ ' " ' ' .J i 

recorded. Written evidence of his claim, and the same shall be re- 



U, S. LAWS TO SETTLE LAND CLAIMS IN MOBILE. 297 



corded by the clerk, in books to be kept for that purpose, 
on his receiving from the party or parties at the rate of 
twelve and a half cents for every hundred words contained 
in such written evidence of their claim : Provided, 
lioioever, That where lands are claimed by virtue of a whTre^kmds 
complete French, British or Spanish grant, it shall not hyVini™ of 
be necessary for the claimant to have any other evidence French, ^ 
of his claim entered at large on the record, except the ori- Spanish 

1 • 1 T 1 r> grants. 

gmal graiit or jjatent, together with the order of survey and 
the plot ; all the other conveyances or deeds may be abbre- 
viated in the entry ; but the claim of title, and the date of 
every transfer shall appear on the record. And if such per- 
son shall nea;lect to deliver such notice in writins; of his ZfIn?^V^'' 
claim, together with the plot, (in case the lands claimed 
shall have been surveyed) as aforesaid, or cause to be re- 
corded such written evidence of the claim within the time 
and times as aforesaid, his claim shall never after be recog- 
nized or confirmed by the United States, nor shall any 
grant, order of survey, deed, or conveyance, or other written 
evidence, which shall not be recorded as above directed, ever 
after be considered or admitted as evidence in any court of 
the United States, against any grant which may hereafter 
be derived from the United States. 

Sec. 5. And he it further enacted, That the saidcommis • 
commissioners shall have power, in their respective districts, powerecf ™ 
to inquire into the justice and validity of the claims filed LTto iniiab-' 
with them as aforesaid. It shall be their duty to ascertain, tivafion, &c. 
in every case, whether the lands claimed have been inhab- 
ited and cultivated, at what time such inhabitation and 
cultivation commenced, when surveyed, and by whom, and 
what authority ; and into every other matter respecting the 
claims which may aifect the justice and validity thereof, and 
for that purpose shall have power to administer oaths, and 
to compel the attendance of, and examine witnesses, and 
such other testimony as may be adduced ; to have access 
to all records of a public nature, relative to the granting, 
sale, transfer, or titles of lands within their respective dis- 
tricts, and to take transcripts from such record or records, 
or any part thereof ; and the evidence thus adduced and 



298 



APPENDIX. 



Evidence 
shall be re- 
corded. 

Surveyor. 



Commis- 
sioners to 
prepare ab- 
stracts, &c. 



Report them 
to the secre- 
tary of the 
treasury. 



Shall report 
a list of 
actual set- 
tlers. 



obtained shall, by the clerk, be entered in a book to be kept 
for that purpose. 

Sec. 6. And be it further enacted, That the powers 
vested by law in the surveyor of the lands of the United 
States south of the State of Tennessee, shall extend over all 
the 23ublic lands in the said tract of country. 

Sec. 7. And he it further enacted, That the said 
commissioners shall, respectively, under such instruction as 
the secretary of the treasury may, with the approbation of 
the President of the United States, transmit to them in 
relation thereto, jjrepare and cause to be prepared, abstracts 
from the records of the claims filed as aforesaid, in which 
the claims shall be arranged into classes, according to their 
respective merits, and other circumstances whereby they 
may be diversified. The abstract shall contain the sub- 
stance of the evidence adduced in support of, or obtained 
respecting the claims, and shall contain such other informa- 
tion and remarks as may be necessary to a proper decision 
thereon, which abstracts the commissioners shall, respect- 
ively, as soon as may be, report to the secretary of the 
treasury, and shall by him be laid before congress at the 
next session thereafter, for their determination thereon. 

Sec. 8. And he it further enacted, That the said 
commissioners be, and they are hereby authorized and 
required to collect and report to congress, at their next 
session, a list of all the actual settlers on land in said 
districts respectively, who have no claims to land derived 
either from the French, British, or Spanish government, 
and the time at which such settlements were made. 



18th April, AN ACT, supplemental to an Act entitled '' An Act for asceilainiiig the 
'v; Titles and Claims to Lands in that part of Louisiana which lies east of the 
river Mississippi, and island of New Orleans." 



Be it enacted hy the Senate and House of Representatives 

of the United States, in Congress assemhled. That 

tice"of c^lims thc time for delivering notices, and the evidences cif 

claims to lands, as required by the Act to which this is 



U. S. LAWS TO SETTLE LAND CLAIMS IN MOBILE. 299 



a supplement be, and the same hereby is, extended, until 
the first day of September next. 

Sec. '2. Ayid be it further enacted, That it shall beCommis^; 
the duty of the commissioners appointed under the Act '^l''^^^^ ^'''" 
aforesaid, to receive such evidences as to them may be of- °^^^^^- 
fered in support of any claims which may not be embraced 
by said Act, and to report the same, together with those 
referred to in the first section of this Act, on or before the 
first day of November next, to the commissioners of the 
general land office, to be by him laid before congress at their 
session. 

Sec. 3. And be it further enacted, That the com- Authorized 
missioner for the district east of Pearl river, and west of the °'f™^ 
Perdido be, and he is hereby authorized and required to '"^'' 
receive and make report, as aforesaid, on all claims to lands • 
lying east of the river Tombigbee. 



Tora- 



AN ACT authorizing the disposal of certain Lots of Public Ground in the ^^^.^ . ^.jj 
City of New Orleans, and Town of Mobile. 1818. 

Be it enacted by the Senate and House of Representatives 
of the United States of A^nerica, in Congress assembled, 
That the President of the United States shall have f^°[^ fj^g^- 
power, and he is hereby authorized, whenever, in his opin- gg'id "^^""^ 
ion, it shall be consistent with the public interest, to abandon 
the use of navy arsenal, military hosj)ital and barracks in 
the city of New Orleans, and of Fort Charlotte at the town 
of Mobile, to cause the lots of ground whereon the said 
arsenal, hospital and barracks in New Orleans, and Fort 
Charlotte at Mobile, now stand, to be surveyed and laid 
off into lots, with suitable streets and avenues, conforming 
as near as may be, to the original plan of the city and town 
aforesaid ; and when the surveys are completed, one plot 
thereof shall be returned to the secretary of the treasury, and 
another to such of&cer or agent as the President shall have 
authorized to dispose of the said lots ; and the said lots of 
ground shall be offered at public sale at the city of New 
Orleans, and town of Mobile, respectively, on such day or 



300 



APPENDIX. 



days as the President shall, by his proclamation, designate 
for that purpose, in the same manner, and on the same 
conditions and times of credit, as is provided by law for the 
sale of public lands of the United States ; and patents 
shall be granted therefor, as for other public lands sold by 
the United States. 



3d March, 
1819. 



Claims 
founded on 
Spanish 
grants favor- 
ably report- 
ed to the 
secretary of 
the treasury 
by the com- 
missioners 
confirmed. 



And on Bri- 
tish grants. 



AN x\CT for adjusting the claims to Lands, and establishins; Laiid Offices in 
the Districts east of the Island of New Orleans. 

Be it enacted h 1/ tJie Senate and House of Representatives 
of the United States of Ameriea, in Congress assemhJed, 
That all the claims to lands founded in complete grants 
from the Spanish government, reported to the secretary of 
the treasury by the commissioners from the district east 
and west of Pearl river, apj)ointed under the authority of 
an Act entitled, " An Act for ascertaining the titles and 
claims to lands in that part of Louisiana which lies east of 
the river Mississippi, and island of New Orleans," which 
are contained in the several re})orts of the commissioners, 
and which are, in the opinion of the commissioners, valid, 
agreeably to the laws, usages and customs of the said gov- 
ernment, be, and the same are hereby recognized as valid 
and complete titles against any claim on the part of the 
United States, or right derived from the United States ; 
and that all claims founded on British grants, contained in 
the said reports, which have been sold and conveyed, accord- 
ing to the treaty of jieace between Grreat Britain and Spain, 
of the third of September, one thousand seven hundred and 
eighty-three, by which that j)art of Louisiana lying east of 
the island of New Orleans was ceded to Spain, under the 
denomination of West Florida, or which were settled and 
cultivated by the persons having the legal title therein, at 
the date of said treaty, are recognized as valid and com- 
plete titles against any claim on the part of the United 
States, or right derived from the United States. 

Sec 2. And be it further enacted, That all claims 
reported as aforesaid, and contained in the several reports 



U. S. LAWS TO SETTLE LAND CLAIMS IN MOBILE. 301 

of the said commissioners, founded on any ordei" of survey, gp'^^'^^i""'^" 
request, permission to settle, or any written evidence of gu'^.py°[e. 
claims, derived from the Spanish authorities, which ought, permTsliTif 
in the opinion of the commissioners, to he confirmed, and ''' '^^^ ^' 
which, by the said reports, appear to he derived from the 
Spanish government, before the twentieth day of Decem- 
ber, one thousand eight hundred and three, and the land 
claimed to have been cultivated and inhabited on or before 
that day, shall be confirmed in the same manner as if the 
title had been completed : provided, that in all such claims, 
where the plot and certificate of survey, made prior to the 
fifteenth day of April, one thousand eight hundred and 
thirteen, under the authority of the Spanish government, in 
pursuance of such claim, has not been filed with the said 
commissioners, such claim shall not be confirmed to any one 
person for more than twelve hundred and eighty acres, and 
that, for all the other claims to lands comprised in the re- 
ports aforesaid, and which ought, in the opinion of the Grants as 

. . ' -111- ITT donation for 

commissioners, to be comprised, the claimant to such lands o'lier claims. 
shall be entitled to a grant therefor, as a donation : pro- „ . 

"-> ■' -t Proviso, not 

vided, that such grant, as a donation, shall not be made to ?J°!;^ "'^'^ , 

" O 7 ; 12S0 acres to 

any one person for more than twelve hundred and eighty ""'^ person. 
acres ; which confirmation of the said incomplete titles and contirma- 
grants of donations, hereby provided to be made, shall oomp°iele' 
amount to a relinquishment forever, on the part of the Uni- 
ted States, to any claim whatever to the tract of land so 
confirmed or. granted : and provided, also, that no such Proviso, no 

T'l one person 

claim shall be confirmed to any person to whom the title to ''^ receive 

'' -*- _ more than 

any tract of land shall have been recognized, under the pre- °^^ "laim. 
ceding provisions. 

Sec. 3. And he it further enacted, That every person, or Q^^^i^ ^^ 
his or her legal representative, whose claim is comprised in case'of "^ '" 
the list or register of claims, reported by the said commis- Hgluof set- 
sioners, and the persons embraced in the list of actual set- orifefor'e"the 
tiers or their legal rei)resentatives, not having any "written April, isis, 
evidence of claim reported as aforesaid, shall, where it ap- in the hsts, 
pears by the said report, or by the said list, that the land 
claimed or settled on had been actually inhabited or culti- 
vated by sach person or persons in whose right he claims, 



302 APPENDIX. 



on or before the fifteenth day of April, one thousand eight 

hundred and thirteen, be entitled to a grant for the land so 

onrperson° claiuied or settled on, as a donation : 2:)rovided, that not more 

Lore UKin""^ than oue tract shall be thus granted to any one person, and 

the same shall not contain more than six hundred and forty 

acres ; and that no lands shall be thus granted -which are 

claimed, or recognized by the preceding section of this Act. 

Pre-emption Sec 4. And 1)6 it fuvtlie?^ euacted, That every per-. 

rights to in- ■■ " •' ^ ^. 

habitants gQn comprised in the said list of actual settlers, not having 

and cultivat- ^ y O 

any written evidence of claim to land in said districts, and 
who, on the twelfth day of April, one thousand eight hun- 
dred and fourteen, shall have inhabited or cultivated a tract 
of land in either of the said districts not claimed by virtue 
of either of the preceding sections of this Act, shall be en- 
titled to a preference on becoming a purchaser from the 
United States, of such tract of land, on the same terms and 
conditions, and at the same price, for which the other pub- 
proviso, lie lands are sold at private sale : provided, that the first 

Tnnnp\- fr» ± J. ^ 



ors. 



monev 



be paid with- installment of the purchase money shall be paid to the re- 
in two years. J- ./ j. 

ceiver of public moneys of the district within which the 
land lies, within two years after the opening of the land of- 
fice for such districts. 
Aiandotiice Sec. 5. And be it further enacted, That for the pur- 

at St. He- AT . 1-1 11- 1 • 1 T 

lena court posc ot adjusting the titles and claims to lands m the dis- 

house and at. •ti/> 

Jackson trict aforcsaid, and for the disposal of the lands which may 

court house. ^ . 

remain the property of the United States therein, a land 
ofiice shall be established in each of the said districts, to 
be kept, for the western district, at St. Helena court house ; 
and, for the eastern district, at Jackson court house ; and 
a register and receiver of public moneys shall be appointed 
for each of the said land ofiices, who shall give security in 
the same manner, and in the same sums, and whose com- 
jiensation, duties and authority shall, in every resjjcct, be 
the same, in relation to the lands which shall hereafter be 
disposed of, at their respective offices, as are by law pro- 
vided in relation to the other registers and receivers and 
public moneys for the several land offices of the United 
States. 

Sec, 6. And be it further enacted, That every person 



U. S. LAWS TO SETTLE LAND CLAIMS IN MOBILE. 303 
or persons claimino; lands in either of the said districts, claimants 

1:^0 ^ ' allowed till 

whose claims have not heretofore been filed with the com- Jg!,^ "'^'^g. 
missioner of the said office of the district wheiein the lands e'^f^mJce','"'^' 
lie, shall he allowed until the first day of July, one thou- '^°- 
sand eight hundred and twenty, to deliver notices in wi'it- 
ing and the evidences of their claims, in the said districts, 
respectively, to the register of the land office at Jackson 
court house, and at St. Helena court house ; and the notices 
and evidences so delivered, within the time limited by this 
Act, shall he recorded in the same manner, and on the pay- 
ment of the same fees, as if the same had been delivered 
before the commissioners closed their said registers. 

Sec. 7. Be it further enacted, That every person or p^^^^^^^^^o 
persons, who had filed his or their notice of claim to lands, fiie'^adduion- 
within either of the said districts, with the commissioners &c?3"^^"°^' 
of the land office, according to the former laws, but have 
not exhibited sufficient testimony in sujiport of the same, 
and whose claims have not been recommended for confirma- 
tion, shall be allowed until the first day of July, one 
thousand eight hundred and twenty, to deliver wi-itten 
evidence, or other testimony in support of his or their 
claims, the notice of which had been filed as aforesaid, 
to the register of the land office at St. Helena, for lands 
lying in the district west of Pearl river, and to the register 
of the land office at Jackson court house, for lands lying- 
in the district east of Pearl river ; and the evidence of 
claims, the notice whereof had been filed as aforesaid for 
lands lying in the said district, dehvered within the time 
limited by this section, to the said registers, shall be re- 
corded by them, respectively, in the same manner as was 
directed by former Acts, on receiving the same fees allowed 
by said Acts for i-ecording evidence of claims to lands in 
the same district. 

Sec. 8. And he it further enacted, That the register Po;^ers and 

•f ' ~ duties of the 

and receiver of public moneys of the said respective land J^^^^^f^^^ ^"^"^ 
offices, at Jackson court house and at St. Helena court 5-^''^°,'^^^^"'^ 
house, shall have the same powers and perform the same '"'"''' '"'"^'^' 
duties, in eveiy respect, in relation to the claims that may 
be filed in virtue of the sixth section of this Act, and in 



304 APPENDIX. 



relation to tlie claims, the notices of whicli had been filed 
under former Acts, as well as to the additional evidence 
which shall be adduced in support thereof, agreeably to the 
seventh section of this Act, as the commissioners for the 
districts east and west of Pearl river would have had or 
should have performed, if such notice had been filed and 
such evidence adduced, before the said commissioners closed 
their register. 
Resisterto Sec. 9. Aucl 1)6 it further enacted, That it shall be the 

report to the . ^ . ^ 

comrais- duty of the register of each of the said land offices, re- 

sioner. . . . 

spectively, to make to the commissioner of the general 
land office a report of all the claims filed with the register 
aforesaid, with the substance of the evidence in support 
thereof, and of the claims formerly filed in sujiport of 
which additional evidence shall have been received, with 
the substance of such evidence, and also their opinion 
and such remarks respecting the claim as they may think 
proper to make ; which report, together with a list of the 
sioner to lay claims, which, in the opinion of the register and receiver, 
congress, ouglit to be Confirmed, and also a list of actual settlers, 
jorior to the passage of this Act, noting the time of their 
respective settlements, shall be laid by the commissioners 
of the general land office before congress, at their next ses- 
sion, for their determination thereon. 
and 'receiver ^^*^- ^^- ^'^^ ^^ it further encicted, That the said 
derkJ!^''"'"'i'Ggister and receiver shall, respectively, have power to ajv 
p)oint a clerk, who shall be a person capable of translating 
the French and Spanish language, and who shall perform 
the duty of translator, when required by said registers and 
receivers ; and each of the said registers and receivers shall 
be allowed, as a compensation for their services, in relation 
to the said claims, at the rates of fifteen hundred dollars 

Salaries. ti/iitti p i ^ 

a year, and each oi the clerks at the rates oi one thousand 
dollars a year : provided, That not more than eighteen 
months' compensation be thus allowed to the register, re- 
ceiver and clerk for the district east of Pearl river, nor 
more than eighteen months' compensation be allowed to the 
register, receiver and clerk of the district west of Pearl 
river. 



U. S. LAWS TO SETTLE LAND CLAIMS IN MOBILE. 505 
Sec. 11. And be if further enacted, That the surveyor surveyor 

•^ may appoint 

for the lands south of the State of Tennessee shall, with deputy. 
the consent and approbation of the President of the United 
States, appoint a principal deputy surveyor for the lands 
within the said districts, who shall receive an annual sa,lary 
of five hundi-ed dollars, and, in addition thereto, the fol- 
lowing fees : that is to say, for examining and recording 
the surveys executed by any of the deputies, at the rate of 
twenty-five cents for every mile of the boundary line of 
such survey ; and for a certified copy of any plot of a 
survey in the office, twenty-five cents ; and whose duty it Fees and 
shall be to survey, or cause to be surveyed by his other 
deputies, the lands, the claims to which are confirmed, and 
that are directed to be granted as donations, when the same 
have not already been surveyed, and the lands which may 
be claimed by right of pre-emption, whenever directed by 
the register and receiver, and to execute such other sur- 
veys as may be necessary for the ascertainment of the lands, 
the title or claim to which is embraced in the report of the 
commissioners aforesaid. And the said principal deputy 
surveyor shall make out particular plots of surveys directed 
by this Act, which he shall return to the register of the 
proper district, and also, a general and connected plot, 
which he shall return to the surveyor of the lands south of 
the State of Tennessee ; and the expense of surveying shall 
be paid by the United States : provided, the same shall Expense of 
exceed in the whole four dollars a mile, for every mile which $4 pe°r^miie!^ 
shall be actually surveyed and marked. 

Sec. 12. And he it further enacted, That the books Books of for- 
of the former commissioners, in which the claim and evi- smners 
dence of claims are recorded, shall be lodged with the reg- regTsters. 
isters of the land office for the respective districts ; and the „ 

^ ' Register and 

register and receiver of public moneys in each respective '^ o';^e^g^ to"" 
district shall have power to examine the claims recognized, ciliJJJs"^ 
confirmed, or provided to be granted by the provisions of 
this Act, as also claims to the right of pre-emj^tion ; and 
they shall make out to each claimant entitled, in their to each 
opinion, thereto, a certificate, according to the nature of the 
case, under such instructions as they may receive from the 



306 APPENDIX. 



commissioners of tlie general land office ; and on presenta- 
tion at the general land office of sucli certificate for a con- 
firmed claim, or for a donation, according to the true intent 
and meaning of this Act, then, and in that case, a patent 
shall be granted, in like manner as for other lands of the 
United States. 



Patent to 
issue. 



8th May, ^^'^ ^^'^ conflrmino- Claims to Lots in tlie Town of Mobile, and to Land in the 
1822. former Province of West Florida, which Claims have been reported favor- 

ably on bj' the Commissioners appointed by the United States. 

Be it enacted by the Senate and House of Representa- 
tives of the United States, in Congress assembled, That 
{;'(^J™jj°. all the claims to lots in the town of Mobile, founded 
on'compTe^e o^^ complcte grauts derived either from the French, British 
folnize'das 01' Spanish authorities, reported to the secretary of the 
treasury by the commissioners for the district east of Pearl 
river, appointed under the authority of " An Act for ascer- 
taining the titles and claims to lands in that part of Loui- 
siana which lies east of the island of New Orleans," or which 
were so reported by the register and receiver, acting as 
commissioners, under the act of the third of March, one 
thousand eight hundred and nineteen, entitled, "An Act 
for adjusting claims to lands, and establishing land offices 
in the district east of the island of N. 0.," which are con- 
tained in the rej^orts of the commissioners, or of the register 
and receiver acting as commissioners, and which are, in 
their opinion, valid, agreeably to the laws, usages and cus- 
toms of the said governn^'^nt, be, and the same are hereby 
recognized as valid. 

Sec. 2. And be it further enacted, That all the claims to lots 
„, . ^ in the town aforesaid, reported as aforesaid, and contained in 

Claims to ' ^ ^ ' ^ 

wie 'c"o ^°' ^^® reports of the commissioners, or of the register and receiver 
repmt'ofthe ^^^^^o as commissioucrs, founded on order of survey, re- 
gS'on^r'con- qucttes, pevmissiou to settle, or other written evidence of 
firmed. claims, dcrivcd from ..aer the French or British authori- 
ties, and bearing dat" prior to the twentieth of December, 
one thousand eight hundred and three, and which ought, 
in the opinion of the commissioners, to be confirmed, shall 



U. S. LAWS TO SETTLE LAND CLAIMS IN MOBILE, 307 

be confirmed in the same manner as if the title had been 
complete. 

Sec. 3. And be it further enacted, That all the claims to ah claims to 
lots in the town aforesaid, and contained in the reports of the bUe/L. ° 

p , , . , I'll founded on 

commissioners, lounded on private conveyance, which have private con- 
passed throuo-h the office of the commandant, or other evi-&c., con-' 

^ , firmed, ifcc. 

dence, but founded, as the claimants allege, on grants lost by- 
time and accident, and which ought, in the opinion of the com- 
missioners, to be confirmed, shall be confirmed, in the same 
manner as if the titles were in existence : provided, that in all Proviso, un- 

_-'■ _ less quantity 

such claims, where the quantity claimed is not ascertained, no i^.^scer- 

'-'-•' ^ tamed not to 

one claim shall be confirmed for a quantity exceeding seven ^^^Jj^'^'^ ''•^o" 
thousand two hundred square feet : cmd provided also, 
that all the confirmations and grants provided to be made 
by this Act, shall amount only to a relinquishment forever, 
on the part of the United States, of all right and title 
whatever to the lots of land so confirmed or granted. 

Sec. 4. . And he it further enacted, That for all other For aii other 
claims to lots in the town aforesaid, reported as aforesaid, inVobik;," ^ 

I . n . , . , PI • T grants to is- 

which are contained m the report oi the re2;ister and re- sue as dona- 
ceiver, and which, by the said report, apj^ear to have been 
built upon, or improved and occupied, on or before the fif- 
teenth day of April, one thousand eight hundred and thir- 
teen, the claimants shall be entitled to grants therefor, as 
donations : provided, that in all such claims, where the Pro-^iso, 

-'■__' ' where quan- 

quantity claimed is not ascertained, no one claim shall be'^'^'s not 

-*- •' ' ascertamei 

confirmed for a quantity exceeding seven thousand two"°"°^-'' 
hundred square feet ; and provided also, that all confirma- '■ 
tions and grants provided to be made by this Act, shall 
amount only to a relinquishment forever, on the part of 
the United States, of all right and title whatever to the 
lots of land so confirmed or granted. 

Sec. 5. And he it further enacted. That the regis- Registers 

^ . and receiv- 

ters and receivers of the land ofiices at St. Helena court ers of the 

land offices 

house, and at Jackson court house, respectively, shall have^'l'-^^'^"^ 

' J i- J 1 and Jackson 

the same power to direct the manner in which all lands °°"'"' ''°"®^^ 
confirmed by this Act shall be located and surveyed, and 
also to decide between the parties in all conflicting and 
interfering claims, as are given by the Act entitled, " An 



ascertained 
not to ex- 
ceed 7,200 



308 APPENDIX. 



Act supplementary to the several Acts for adjusting the 
claims to lands, and establishing land offices in the districts 
east of the island of Xew Orleans." 



8th May, AN ACT supplementary to the several Acts for adjustios the Claims to 
Land, and establishing Land Offices in the Districts east of the Island of 

New Orleans. 

Be it enacted by the Senate and House of Bepresentatives 

of the United States of America, in Congress assembled, 

Claims to That all the claims to lands said to be derived from the 

land derived -p, . . ■■ ^ , , . . 

from British British or Spanish authorities, reported to the commissioner 

or Spanish -■- ■*■ _ 

authorities of the o'eneral land offices by the registers and receivers of 

reported, &c. ~ .; o 

recognized, i\^q irj_m--[ offices at St. Helena court house, and at Jackson 

&c., as com- " 

piete titles. QQ^j-t houso, in the districts east and west of Pearl river, 
ajipointed under the authority of an Act entitled, "An Act 
for adjusting the claims to lands, and establishing land 
offices in the districts east of the island of New Orleans," 
which are contained in the several reports of the registers 
and receivers, and which are, in the opinion of the registers 
and receivers, valid, agreeably to the laws, usages and cus- 
toms of the said governments, be, and the same are hereby 
recognized as valid and complete titles, against any claim 
on the part of the United States, or right derived from the 
United States. 
All claims ^'E-C. 2. And be it further enacted, That all the 
^Aeriveii^m claims reported as aforesaid, and contained in the several 
au^th^o'rtt'ies'! rcports of the said registers and receivers, founded on or- 
firme'd!" dcrs of survcy, requettes, permission to settle, or other 
written evidences of claims derived from the Sjianish au- 
thorities, which ought, in the opinion of the registers and 
receivers, to be confirmed, shall be confirpaed in the same 
manner as if the title had been completed : provided, that 

ProWso. , ... 

the confirmation of the said claims, provided for by this Act, 
shall amount only to a relinquishment forever, on the part 
of the United States, of any claims whatever to the tract 
of land so confirmed or granted. 

Sec. 3. And, be it further enacted. That every per- 



U. S. LAWS TO SETTLE LAND CLAIMS IN MOBILE. 309 

son, or his or her legal representative, whose claim is com- fJ^^H^^'^' 
prised in the lists or registers of claims reported by the il'^comprS 
registers and receivers, and the persons embraced in the &c!, "enfiHed 
lists of actual settlers, or their legal representatives, not&cf ^™"^' 
having any written evidence of claims reported as afore- 
said, shall, when it appears by the said report, or by the 
said lists, that the land claimed or settled on had been 
actijally inhabited or cultivated by such person or persons 
in whose right he claims, on or before the fifteenth day of 
April, one thousand eight hundred and thi^'teen, be entitled 
to a grant for the land so claimed or settled on, as a dona- 
tion : provided, that not more than one tract shall be thus proviso, 
granted to any one person, and the same shall not contain 
more than six hundred and forty acres ; and that no lands 
shall be thus granted which are claimed or recognized by 
the preceding sections of this Act, or by virtue of a confir- 
mation under an Act entitled, "An Act for adjusting the 
claims to lands and establishing land ofiices in the districts 
east of the island of New Orleans," approved on the third 
day of March, eighteen hundred and nineteen : and pro- . 
vided, also, that no claim shall be confirmed when the quan- 
tity was not ascertained, and report made thereon by the 
registers and receivers, prior to the twenty-fifth day of 
July, one thousand eight hundred and twenty. 

Sec. 4. And he it further enacted. That the regis- Resristers 
ters and receivers of the public moneys of the said resi:)ect- ers excepT 
ive districts, except in relation to perfect titles, so recog- the manneT 
nized in the first section of this Act, and the first section lands shaii be 
of the Act of the third day of March, one thousand eight surveyed, . 

havina" re- 

hundred and nineteen, shall have power to direct the manner g^rd, &o. 
in which all lands claimed in virtue of the preceding sec- 
tions shall be located and surveyed ; and also to direct the 
location and manner of surveying all the claims to land 
recognized by the second, third and fourth sections of an 
Act entitled, " An Act for adjusting the claims to land, 
and establishing land ofiices in the districts east of the 
island of New Orleans," approved on the third day of 
March, one thousand eight hundred and nineteen, having 
regard to the laws, usages and customs of the Spanish gov- 



310 



APPENDIX. 



May decide 
in conflict- 
ing claims, 
&c. 



ernment on that subject, and having regard also to the 
mode adopted by the government of the United States in 
survej'ing the claims to land confirmed by virtue of the 
second and third sections of an Act of Congress, entitled, 
" An Act regulating the grants of lands, and providing for 
the disposal of the lands of the United States, south of 
the State of Tennessee," approved on the third of March, 
one thousand eight hundred and three ; and that, in rela- 
tion to all such claims which may conflict, or in any man- 
ner interfere, the said registers and receivers of public mon- 
eys of the respective districts shall have power to decide 
between the parties, and shall, in their decision, be governed 
by such conditional lines or boundaries as may have been 
agreed on between the parties, either verbally or in writ- 
ing, at any time prior to the passage of this Act. But, 
ujjon the decision of those claims alluded to, which may 
conflict or interfere, and in relation to which the parties 
interested have agreed on no conditional lines or boundaries 
as to the manner of locating the same, the said registers 
and receivers of the respective districts shall make an equal 
division of the land claimed, so as to allow each ]3arty his 
or their imjjrovements : provided, hoiuever, that should it 
be made to ajij^ear, to the satisfaction of the registers and 
receivers of public moneys of the respective districts in any 
such case, that the subsequent settler had obtruded on the 
claims of the former, and had made his establishment after 
having been forbid so to do, the said registers and receivers 
of public moneys shall have power to decide between the 
parties, according to the circumstances of the case, and the 
principles of justice. 

Sec. 5. A^id be it further enacted, That patents shall 
be granted for all lands confirmed by virtue of the provi- 
sions of this Act, in the same manner as patents are granted 
for lands confii-med under former Acts, to which this is a 
suj)plement. 

Sec. 6. And be itftirtJier enacted, That to every ^lerson 
who shall appear to be entitled to a tract of land imder the 
second and third sections of this Act, a certificate shall be 
granted by the register and receiver of the district in which 



Patents for 
lands. 



Persons en- 
titled to 
tracts under 
the second 
and third 
sections of 
this Act. 



U. S. LAWS TO SETTLE LAND CLAIMS IN MOBILE. 311 

the land lies, setting fortli the nature of the claim, and the ^^^ ^ ^^ 
quantity allowed : for which certificate the party in whose '^l ^ ''°"^''' 
favor it issues shall pay one dollar. 

Sec. 7. And he it further enacted. That the President ^''^f"'^^''* 

J ' authorized 

of the United States be, and he is hereby authorized to re- 'heTand'"' 
move the land office from St. Helena court house to such s? He'ie°n™ 
other place within the said district as he may deem suitable &c!'^' ^°"^®' 
and convenient. 



AN ACT grantins certain lots of Ground to the Corporation of the City of 26May,l824. 
Mobile, and to certain individuals of said city. 

Be it enacted by the Senate and House of Bepresentatives 
of the United States of America, in Congress assembled, 
That all the riffht and claim of the United States to the lots Hospital and 

'~ bake-liouse 

known as the hospital and bake-house lots, containing about J.°J;^/"f Mo- 
three-fourths of an acre of land, in the city of Mobile, in''^^^"^°- 
the State of Alabama, and also all the right and claim of 
the United States to all the lots not sold or confirmed to 
individuals, either by this or any former Act, and to which 
no equitable title exists in favor of any individual, under 
this or any other Act, between high water mark and the - 
channel of the river, and between Church street and North 
Boundary street, in front of the said city be, and the same 
are hereby vested in the mayor and aldermen of the said 
city of Mobile, for the time being, and their successors in 
office, for the sole use and benefit of the said city forever. 

Sec. 2. And he it further enacted, That all the right Right and 
and claim oi the United States to so many lots oi ground united 

, , States, to 

east of Water street, and between Church street and North other lots, 

•' _ vested in oo- 

Boundary street, now known as water lots, as are situated cupants, 

•^ ' -' when water 

under the Spanish government, as water lots, in the said ^°'^- 
city of Mobile, whereon improvements have been made, be, 
and the same are hereby vested in the several ^proprietors 
and occupants of each of the lots heretofore fronting on the 
river Mobile, except in cases when such proprietor or occu- 
pant has alienated his right to any 'such lot, now designated 
as a water lot, or the Spanish government has made a new 



312 APPENDIX. 



grant or order of sui-vey for the same, during the time 
which they had the power to grant the same ; in which 
case the right and claim of the United States shall be, and 
is hereby vested in the person to whom such alienation, 
grant or order of survey was made, or in his legal rej)resen- 
tatives : provided, that nothing in this Act contained shall 
be construed to affect the claim or claims, if any such there 
be, of any individual or individuals, or of any body, politic 
or cor|)orate. 



3d March, AN ACT supplementaiy to the several Acts providing for the adjustment 
of Land Claims in the State of Alabama. 

Be it enacted by the Senate and House of Representatives 
of the United States of America, in Congress assembled, 
p°r"ued'by ^ That the claimauts of lands, town-lots or out-lots within 
of kmis!^ tliat part of the limits of the former land districts of Jack- 
son court house, which is embraced in the State of Ala- 
bama, whose claims have been presented to the commis- 
sioners apjDointed to receive and examine claims and titles 
to lands in said district of Jackson court house, or to the 
register and receiver of the land office at Jackson court 
house, acting as commissioner, under the provisions of the 
Act of the third of March, one thousand eight hundred and 
nineteen, entitled, "An Act for adjusting the claims to 
lands, and establishing land offices in the district east of 
the island of New Orleans," and which have not been re- 
ported to congress, or whose claims have not heretofore 
been j^resented to the said commissioners, or to the register 
and receiver acting as commissioners, or whose claims have 
been acted upon, but additional evidence adduced, be 
allowed until the first day of September, eighteen hundred 
and twenty seven, to present their titles and claims ; and 
the evidence in support of the same, to the register and 
receiver of the land office at St. Stephens, in the State of 
Alabama, whose powers and duties, in relation to the same 
shall, in all respects, be governed by the provisions of the 
Acts before recited, and of the Act of the eighth of May, 



U. S. LAWS TO SETTLE LAND CLAIMS IN MOBILE. 313 

eighteen hundred and twenty- two, entitled, " An Act sup- 
plementary to the several Acts for adjusting the claims to 
land, and establishing land offices in the district east of the 
island of New Orleans. 

Sec. 2. And he it fiirtlier enacted, That the said reg- Power siven 
ister and receiver shall have power to receive and examine and reoefver. 
such titles and claims, aiid, for that purpose, shall hold 
their sessions at this city of Mobile. They shall give suit- 
able notice of the time and place of their sessions, but may 
adjourn from time to time, and meet at such other places 
as may be necessary, or may best suit the convenience of 
the claimants, on giving proper notice of the time of their 
adjournments. And the said register and receiver shall 
have power to appoint a clerk, who shall be a person capa- 
ble of translating the French and Spanish language, and 
who shall j)erform the duties of translator, and such other 
duty as may be required by the said register and receiver ; 
and the said register and receiver shall each be allowed, as 
a compensation for their services, in relation to said claims, 
and for the services to be performed under the provisions 
of the several Acts to which this is a supplement, at the 
rate of one thousand dollars per annum ; and the clerk at 
the rate of one thousand dollars per annum, which several 
sums of money shall be paid out of any moneys in the p,.oviso. 
treasury, not otherwise appropriated : provided, that not 
more than one year's compensation shall be thus allowed 
to either the register, or receiver, or clerk, and the pay- 
ment of the whole of the aforesaid compensation shall be 
withheld by the secretary of the treasury, until a report, to 
be approved by him, shall have been made to him, of the 
performance of the services for which the same is allowed. Duty of the 

•■■ register and 

Sec. 3. And he it further enacted. That the register reoeivpr of 

J 7 o the land 

and receiver at the land office at Augusta, in the State of ^JJ^^^^^'f/"" 
Mississippi, be, and they are hereby, required, to separate, toce'rah^fo 
so far as practicable, from the titles to landb in Mississippi, [anToffice'at 
all such pajiers or claims, or evidence of claims, for any '''' "^'' *'"^' 
tract of land or town lot, laying in the State of Alabama, 
and certify the same generally to the register of the land 
office at St. Stephens, in the State of Alabama ; and, on 



314 APPENDIX. 



proper application, to deliver them over to the said regis- 
ter, whose duty it shall be to receive the same and preserve 
them amono; the records of his office. 



?g2-^*''°''' AN ACT to si'ant to the Corporation of the City of Mobile, the right of 
preference in purcliase of four sections of Land, or a quantity equal to 
four sections, at or near Spring Hill, in the County of Mobile. 

City of Mo- Be it enacted hit the Senate and House of Representa- 

bile may en- " j x 

teratsi.25 ^{^ygg of the United States of America, in Conqress assem- 

per acre for .' j ■) j 

quTutfty of i>l^d, That the register and receiver of the land office at St. 
S'sprrng Stephens be, and they are hereby authorized and directed 
^'"' to receive from the corporation of the city of Mobile, the 

sum of one dollar and twenty-five cents per acre, for a 
quantity of land, not exceeding four sections, at or near 
Spring Hill, in the county of Mobile, and State of Ala- 
bama ; and, upon the receipt of the said sum as aforesaid, 
the said register and receiver shall issue their certificates 
to, and in the name of the corporation of the city of 
Mobile for the said quantity of land, not exceeding four 
sections as aforesaid. 
The United Sec. 2. And he it further enacted, That iox and in 
linqufsh Consideration of the sum aforesaid, paid as aforesaid, that 
all the right and claim of the United States to the said 
quantity of land, not exceeding four sections, in the county 
of Mobile, and State aforesaid, be, and the same is hereby 
vested in the mayor and aldermen of the said city of 
Mobile, for the time being, and their successors in office, to 
be applied or disposed of by them, for the sole use and ben- 
efit of the said city forever : provided, that no part of 
any claim, arising from acts of congress, known as dona- 
tions or pre-emptions, by the reported list of actual set- 
tlers, or from grants recognized by any treaty, shall be 
excepted from, and held as not covered or interfered with 
by this Act. 

Sec. 3. And be it further enacted, That patents shall 
issue, upon the presentation of said certificate of the i-egis- 
ter and receiver aforesaid, for the said quantity of land not 



their title. 



Patents to 
issue. 



U. S. LAWS TO SETTLE LAND CLAIMS IN MOBILE. 315 

exceeding more than four sections, to the corporation of the 
city of Mobile, in the same manner that patents now issue 
upon the final certificate for other public lands. 



AN ACT confirming the reports of the Register and Receiver of the Land ^^t^f jiarch 
Ocffie for the District of St. Stephens, in the State of Alabama and for 2d, 1829. 
other purposes. 

Be it enacted hv the Senate and House of Representa- certain land 

, '^ . . claims in Al- 

tives of the United States of America, in Congress assem- '^^'^"^^ '^<^'^- 

•^ J J -J ^ firmed. 

hled^ That all the claims to lands and town lots contained 
in the abstracts denominated A. number one, D. number 
one, F. number one, rejDorted to the treasury department 
by the register and receiver of the land office for the district 
of St. Stephens, in the State of Alabama, under the pro- 
visions of the Act of congress of the third of March, one 
thousand eight hundred and twenty-seven, be, and the 
same are hereby confirmed to the extent therein recom- 
mended for confirmation. 

Sec. 2. And he it further enacted. That all the claims others eon- 

• 1 11 <i • firmed. 

contamed m special reports numbered one to four, inclu- 
sive^ and in a supplementary report of the said register and 
receiver, made as aforesaid, be, and the same are hereby 
confirmed. 

Sec. 3. And he it further enacted, That every person certam 
or persons, or the legal representatives of such person or per- fiielTwi't^"'^ 
sons, who, on the fifteenth day of April, one thousand eight receiver t° 
hundred and thirteen, had for ten consecutive years prior " ®'^^'""' 
to that day been in possession of a tract of land not claimed 
by any other person, and not exceeding the quantity con- 
tained in one league square, and who were, on that day, resi- 
dent in that part of Louisiana situated east of Pearl river 
and west of the Perdido, and below the thirty-first degree of 
north latitude, and had still possession of such tract of 
land, shall be authorized to file their claims in the manner 
required in other cases, before the said register and receiver 
at St. Stej)hens, for their decision thereon, and it shall be 
the duty of the said register and receiver to hear and record 



316 APPENDIX. 



^cfiveTto"*^ tlie evidence offered to support such claim ; and if the same 
den° e^'in'sup- sli^U bc established by sufficient proof, agreeably to the 
^\aimi provisions of this section, the said officers shall, in their 
report, recommend the conhrmation of the right to such 
claim, as in other cases : j^^^ovided, that no more land be 
reported for confirmation by virtue of this section than is 
actually claimed by the party, or than is contained within 
the acknowledged and ascertained boundaries of the tract 
claimed ; nor shall the provisions of this section authorize 
the confirmation of any land heretofore sold by the United 
States. 
^i'nfirraaHcm ^^c. 4. And he it fiwtlier enacted, That the confirma- 
tion of all the claims provided for by this Act shaU amount 
only to a relinquishment forever, on the part of the United 
States, of any claim whatever to the tracts of land and town 
lots so confirmed, and that nothing herein, contained shall 
be construed to affect the claim or claims of any individual 
or body politic or corporate if any such there be. 
Register and Sec. 5. And he it fiirtlieT enacted. That the register 

receiver to '' 

direct mode and reccivcr at the land office at St. Stephens be, and thev 

ol looafin^ •*■ * 

and sur-.-ey- ^re hereby invested with power to direct the manner in 

ing confirm- -^ '- 

ed claims, ^hich all claims to lands and town lots, which have been 
confirmed by this and former Acts of congress, in their 
districts, shall be located and surveyed, having regard to 
the laws, usages, and customs of the Spanish government 
on that subject, and also the mode adopted by the govern- 
ment of the United States, in surveying the claims con- 
firmed by virtue of the second and third sections of an Act 
of Congress, entitled, " An Act regulating the grants of 
lands, and providing for the disposal of \hQ lands of the 
United States, south of the State of Tennessee," approved 
the third of March, one thousand eight hundred and three ; 
and that so much of the fourth section of the " Act sup- 
plementary to the several Acts for adjusting the claims to 
lands and establishing land offices in the district east of 
the island of New Orleans," approved the eighth of May, 
one thousand eight hundred and twenty-two, as interferes 
with the power granted to the register and receiver of the 



U. S. LAWS TO SETTLE LAND CLAIMS IN MOBILE. 317 

land office at St. Stephens be, and the same is hereby- 
repealed. 

Sec. 6. And be it further enacted, That certificates of^^'^^^^°^J'^^^ 
confirmation and patents shall be granted for all lands 1°^^^ ^'■^"'' 
and town lots confirmed by virtue of the provisions of this 
Act, in the same manner as patents are granted for lands 
and town lots confirmed under former Acts of congress. 



AN ACT confirming laud claims in the district of St. Stephens, Alabama. ^^^ ^^^^' 

Be it enacted hy the Senate and House of Bepresentcc- Decisions of 
tives of the United States of America, in Congress assem- and receiver 
bled, i hat the decision oi the register and receiver oi the ii<=e at st. 

Stephens in 

land ofiice for the district of St. Stephens, in Alabama, asrepp/toMth 

-■- •" ^ of March, 

contained in their report, bearing date the seventh of March, g^mecT"" 
eighteen hundred and thirty- two, made in pursuance of the 
Act of congress approved the second of March, eighteen 
hundred and twenty-nine, entitled, "An Act confirming 
the report of the register and receiver of the land office of 
the district of St. Stephens, in the State of Alabama, and 
for other purposes," be and the same are hereby confirmed. 



318 APPENDIX. 



CITY DEBT OF 1843. 



c, t „ . r [Prior to 1842. the citv had become so involved, from the loose manner in 
statement oi ■- ■ ' ' 

city debt. which its indebtedness had been created and managed, that the creditors 

had obtained judgment on many of their debts, and wei'e about selling 
the city property.] 

On the 2d March, 1842, the finance committee of the two boards made the 
following report : 

Report oi REPORT OF THE I'INANCE COMMITTEE OP THE BOARDS OF ALDERMEN AND 

finance com- - COMMON COUNCIL OP THE CITY OF MOBILE. 

raittee as to 

financial 

chv^ m°a"e'^ In laying before our fellow citizens a view of the present 
isJ!* ^^^'"'^' situation of the aifairs of the corporation, with the purpose 
of presenting to them a plan of immediate relief from em- 
barrassment, and ultimate liquidation of the city debt, 
which, if adopted by the present boards, and concurred in 
and observed by the future authorities, will enable the 
city to reduce its expenditures, restore its credit, and pro- 
vide for the extinction of its debts, it is deemed not unim- 
portant to review the operation of our affairs under the 
amended charter of 1839 and '40. To do this and show 
the state of affairs when that amended charter went into 
operation, we would present again to our fellow citizens a 
portion of the report of the finance committee, made on the 
27th March last, as follows : 

" The committee appointed on the comptroller's books 
found them so arranged, that, in the language of the comp- 
troller of the preceding year, ' for the purpose originally 
designed — to present at all times a complete view of the 
debts, credits, resources, liabilities, and general financial 
condition of the city — they were comparatively useless.' 
No interest account or bond account, except for the fund- 
ed debts ; no cash account at all, nor account of canceled 
orders appeared on the books of the comptroller." 



CITY DEBT OF 1843. 319 



The books of the clerk of the corporation, the comptrol- 
ler and treasurer, had but little relation to each other, and 
were almost as distinct and separate as if representing the 
concerns of so many different corporations. Prior to the 
organization of the office of comptroller, the affairs of the 
corporation appear to have been managed most loosely. 
The records of proceedings up to the year 1838 were with- 
out index, the financial afiairs without system, or entire 
engrossment any where ; some of the books have been lost, 
and the j)apers and documents, imj)ortant and unimport- 
ant, thrown loosely into boxes and baskets, lying mostly 
unlabeled, and in a confused and promiscuous heap. The 
books of the comptroller's office for the year 1837 and 1838, 
are unbalanced and confused. Since that period, they have 
been, with the books of the treasurer likewise, annually 
balanced ; the latter, however, by throwing the balance of 
all debits and credits into one account of the " city of Mo- 
bile," thus leaving, in the hands of the succeeding treasurer, 
the books, without any open accounts, however imj)ortant, 
and placing out of view those nominal accounts which made 
a part of the indebtedness of the city. How much of im- 
portance has been obscured by this practice, the committee 
were unable to determine. 

Receiving the afiairs of the corporation as herein repre- 
sented, the committee had a difficult task to perform. In 
their investigation during the municipal year, to go be 
yond the period when the office of comptroller was estab- 
lished was impossible. To attempt to thoroughly exam- 
ine and balance the comptroller's books of 1837 and 1838, 
while bringing all the affairs into a better system, they be- 
lieved would delay their more important objects, and might, 
after all, with their imjjerfect knowledge of the afiairs of 
those years, be attended with no result so satisfactory as to 
compensate for the labor and the delay. The committee, 
therefore, turned their attention first, to ascertaining the 
indebtedness of the city, taking for their platform the comp- 
troller's books and accounts, as transferred to them. In 
their investigations, they have found that the funded debt, 
as then represented under the head of city bonds, is prob- 



320 APPENDIX. 



ably correct. They tlien investigated the issue of bonds of 
$100 each, on 1, 2 and 3 years' time, and found of these 
remaining unpaid, the amount of $32,200. Their next inves- 
tigation was the issue of city orders, or orders of the clerk 
of the corporation on the treasurer. The city had no means 
of ascertaining the amount of city orders unpaid, that were 
issued prior to the period that the present clerk of the cor- 
poration entered upon his official duties ; they presume, 
however, the amount is small, as few in number, and in- 
considerable in amount, have appeared within the last two 
years. Of the orders issued during the time the jiresent 
clerk has been in the service of the corporation, which are 
all regularly registered and numbered, they ascertained 
that there remained unpaid, up to the jieriod of their investi- 
gations, the amount of $43,263 38. It was found impossible 
to ascertain the amount of interest due by the corporation, 
as the items of payment had, in previous years, been en- 
tered to different accounts in the books of the treasurer, 
without specifying whether they were coujions, interests on 
coupons, or interests on other debts ; neither could they 
ascertain satisfactorily the amount of change bills in circu- 
lation. The issue of these had been blended in the books 
of the treasurer throught different accounts ; at one time 
on account of" corporation change bills," at another, " old 
change bills," and at another, " change bill committees/' 
and each year, through the system before referred to, these 
were balanced by being debited or credited to the " city of 
Mobile," and were thus thrown out of the action of each 
successive board. The committee raised no account in the 
books that had not received as full an investigation as it 
was in their power to give, hence some individual indebted- 
ness to the city, and other accounts, do not appear in their 
statements, tis the committees to Avhom these were referred, 
had made no report. None, however, of these, affect at 
all the indebtedness of the city ; hence, like.Avise, the in- 
debtedness for interest due and unpaid, and for change bills 
um-edeemed, or for old claims not yet presented or recog- 
nized, does not appear in the statement from the comptrol- 
ler's books. From the investigation, the committee have 
given the latter, they do not think, taking into consideration 



CITY DEBT OP 1843, 321 

the amount probably lost, worn out, and destroyed, that there 
will ever be presented for redemption much over $20,000. 
Every year of their circulation will probably lessen the 
amount that will aj^pear for redemption. 

The committee found on the comptroller's books an 
account termed the " city of Mobile," to the credit of which 
there was standing a balance of f 6,590 81. To this account 
they have placed all the results of their investigations, all 
the balances of department accounts of the previous year, 
and the settlement of all contracts of former boards. The 
balance of this account is now $106,721 79. The account 
is better explained by stating it as follows : 

CITY OF MOBILE. 
Dr. 

City orders unpaid per account investigated, - - - ^43,263 38 
" bonds " of $100 each, ----- 32,200 00 

Amount of change bills destroyed, - - - - 15,922 00 

Notes of Henry Hitchcock given up on transfer 

of the water works, ------- 32,240 00 

Department accounts found on the books, relat- 
ing to former boards, ------- 3,306 20 

Settlements of contracts made by former boards, $2,189 67 

G. W. Owen, mayor, due bill to J. G. Lyon, - 3,948 00 



Change bills redeemed during this year. 
Note of H. Chamberlain, maj^or, to S. Wright 
& Co., not before entered, ----- 

Cr. 
Balance standing on the books, April, 1840, 
Account of city treasurer — cash on hand, including change 

bills destroyed, ------- 22,871 50 

Do. of hospital treasurer, - ------ 1.483 33 

Balance of hospital acc'ts investigated, - - - - 832 68 

Account current from Phenis Bank, New York — receipts 

for, and paj-ments of interest — balance, - - - 465 00 



6,137 


67 


- 3,168 


26 


2,427 


60 


$138,665 


11 


- $6,590 


81 



$31,943 32 
Balance at debit in new account, ----- 106,721 79 



$138,665 11 

The systems now introduced into the books of the various 
ofiices is as follows, viz. : No payments or appropriations 
are made but by resolutions or orders of the two boards. 



322 APPENDIX. 

For these, orders are drawn on the treasurer from the office 
of the clerk of the corporation, which orders are numbered, 
and registered and engrossed in department books of 
accounts as follows, viz. : 

No. 



1, 


Payments of - - 


- guard. 


2, 




(C _ _ 


- laborers. 


3, 




for - - 


- horses and carts. 


4, 




of - - 


- fire department. 


5, 




- 


- old contracts and accounts, 


6, 




- - 


- salaries of officers. 


7, 




- - 


- miscellaneous. 


8, 




- - 


- account of city hospital. 



These department "books are engrossed on the books of 
the comptroller to the debit of the several departments, 
and credit of the individuals in whose favor the account 
appears. The orders drawn in settlement of these claims 
are, by the comptroller, placed to the credit of the " office 
of clerk of the corporation," and debit of the parties. 
When paid or received by the treasurer, they are on his 
books entered to an account with the comptroller, while the 
receipts and disbursements of the treasurer appearing under 
the various departments of annual resources and payments, 
are monthly transferred by him to an account with the 
comptroller. The statements of the treasurer are engrossed 
monthly by the comptroller, and the items placed to their 
respective accounts, the orders paid or received by the 
treasurer, being placed to the debit of the " office of the 
clerk of the corporation." Thus the whole transactions of 
the corporation are spread upon the books of the comp- 
troller. The balance of the account of " office of the clerk 
of the corj^oration," shows the orders unpaid, the account 
with the treasurer shows the transactions of that depart- 
ment. Weekly statements are rendered to botli boards by 
the receiving and disbursing officers. These are audited 
monthly, the engrossment of accounts by the comptroller 
examined, and his statements rendered quarterly. 

This elucidation the committee deemed necessary to show 
the system adopted and as exj)lanatory of the subjoined 
statement of the comptroller's books at this close of muni- 



CITY DEBT OF 1843. 323 

cipal year. It is proper to state here, that a complete index 
has been, by the comptroller, prepared for all the old record 
books that were without one, and that the papers and doc- 
uments so loosely left by the former boards, are in the pro- 
cess of being arranged and filed. With this view of the 
arrangement of city affairs, commenced under the operation 
of the amended charter of 1839 and '40, we would now pre- 
sent a transcrijDt statement or balance sheet of the books of 
the comptroller's office on the first of January, 1842. It 
will be recollected that these books are kept by double 
entry, a system perfect of itself, but generally familiar to 
mercantile men, and that all the operations of city affairs 
since March, are thereon engrossed, as well as other affairs 
prior to that date, which the investigation of the committee 
could fully arrive at. 

STATEMENT. 
Dr. 

Department No. 1, city guards, - - - r,^9,757 79 
" 2, laborers, - - - 828 8 i 

« 3, liorses and carts, - - 4,623 22 

" 4, fire department, - - 2,823 62j 

" 6, salaries of officers, - - 8,803 02 

" 7, miscellaneous, - - 5,299 67 

" 8, citT hospital, - - - 4,410 37 

^36,546 53 

Stock in Cedar Point Railroad, 

Subscription to that stock - - - - • 10,000 00 

Real estate as per assessment, 1837, - - 495,900 00 

Bills receivable, note of E. Murray, - - ^2,500 00 
" " J. E. Beers, - 416 00 

2,916 00 

Bond of school commssioners, due 1855, - 15,000 00 

City of ilobile, items of old contracts and 

accounts, ----- 120,719 63 

Interest account, interest paid since April, 

1840, -----.■ 22,097 00 

New guard house, cost thereof, - - 10 415 26 

Armory, appropriation therefor, - - 5 OOO 00 

City treasurer, balance city orders, coupons, 
and short bonds not charged up and 

cash on hand, - - - - 12 383 93 

Hospital treasurer, balance on hand, - 855 76 

■^731,834 11 



324 APPENDIX. 



Cr. 

City bonds, loans of 1S30, twenty years due 

1850 at 8 per cent., - - §30,000 
Do. 1834, 30 years 1864, 6 per cent., 200,000 





1836, 10 


(C 


1846, 8 " 


190,000 




1836, 20 


u 


1856, 6 " 


24,000 




1836, 20 


a 


1856, 8 " 


10,000 




1836, 20 


i. 


1856, 8 " 


30,000 




1839, 30 


u 


1849, 6 " 


29,000 

§513,000 00 



Bonds given at 1, 2 and 3 years, found at com- 
mencement of municipal j^ear 1840, to 
be unpaid, - - - §32,200 00 

Since paid by receipt in 

taxes, - - §19,300 

Paid on account of judg- 
ments on bonds, 465 

19,765 00 

Balance due on short bonds, - 12,435 00 

§525,435 00 

Bills payable, notes at State Bank 

advanced for Creek campaign, 18,500 00 
Less payment tkis 3"ear, - - 4,714 75 



13,785 25 



Notes at Bank Mobile advanced for 

Creek campaign, - - 19,178 55 

Less endorsement of taxes, 

1840, - - 382'00 
Less endorsement of taxes, 

1841, - - 580 00 
" payment this year, 4,714 76 

5,676 76 

13,501 79 

Noto to Smith, Wright & Co., 2,427 60 

29,714 64 

Powder magazine, receipts of storage, - - i 440 76 

New graveyard, " for lots sold, - 750 00 

Rents do. rents of market houses, &c.j - - 12 924 63 

Fines and fees, do. for these, . - . j qqq £6 

Licenses do. do. do. ... 15,360 GO 

City water works do. water - - . 9(32 00 
" taxes 1841, do. of taxes on real estate, 

1841, ------ 73J08 86 

Office of clerk of the corporation, balance of 

orders unpaid, ----- 27,204 33 

Individual accounts, balance due, - - • 2,347 06 
Department No. 5, balance of receipts and 

expenditures of 1841. - - - 41,586 57 

§731,834 11 



CITY DEBT OF 1843. 325 

The following is a statement of tlie fiscal transactions of 
the corporation for the three quarters of the municipal year 
ending the first January, 1842, viz. : 

STATEMENT. 

On hand 27th March, 1841, treasurer's balance 

of that date, .... ^2,925 61 

Hospital treasurer's do. do. - - - 146 27 



^3,071 88 



Receipts from powder magazine, $1,440 76 

" lots in gravej-ard, - 750 00 

" rent markets, wharves, &c, 12,924 63 

" fines and fees, - - 1,000 26 

" licenses, _ - - 15,360 00 

" city taxes, - - - 73,108 86 

" city water works, - 962 00 



105,546 51 



From the U. S. government on account of 
claims for expenditure in the Creek 
campaign, - - - - . 9,429 51 









— 114,976 02 




$118,047 90 


Payments expenditures — 






Department No. 1, city guard. 


$9,757 


79 


Do. 


2, laborers, - 


828 


84 


Do. 


3, horses and carts. 


4,623 


22 


Do. 


4, fire department, 


3,823 


62 


Do. 


6, salaries of officers 


8,803 


02 


Do. 


7, miscellaneous, 


5,299 


67 


Do. 


8, city hospital. 


4,410 


37 




$36,546 


53 


Payment of interest by receipts in 






taxes, - - - $12,415 17 




Do. 


short bonds, do. 


8,900 00 




Do. 


for completion of new guard 








house . - - 


2,915 26 




Do. 


of deferred claims for ex- 








penditures of 1841, ' 


3,994 49 




Do. 


of old claims prior to 1840, 
and exchange bills re- 








deemed &c., - 


23,427 35 




Do. 


on account of notes due 
State Bank and Bank of 








Mobile, 


10,009 51 





326 APPENDIX. 



Appropriation for armory, - - 5,000 00 
Balance of city orders redeemed and 

individual accounts paid, - 1,599 90 



68,261 68 

— '. 104,808 21 



Balance — treasurer's balance orders, short bonds 
and coupons not charged up and cash 
on hand, ----- ^12,383 93 

Hospital treasurer's balance on hand, - - 855 76 

§13,239 



As has already been represented in the foregoing extract 
of a former report, the first boards, under the amended 
charter of 1839 and '40, had to strike out systems where 
confusion and disorder existed, and ascertain the situation 
of city affairs, where no proper representation of them had, 
for a long time previous, been made. Their efforts, there- 
fore, to introduce economy into the administration of city 
affairs, and to arrive at any attainable object of relief to the 
fiscal embarrassments of the city, was impaired by the condi- 
tion in which they found its affairs. A large floating debt, 
consisting of city orders, change bills, coupons of interest, and 
other obligations, had placed the corporation in a position 
that it could collect nothing in cash or current bank notes, but 
the whole of its revenue and taxes was to be received through 
its own indebtedness, and its expenditures to be made by a 
continued issue of corporation orders. Hence, in the posture 
of affairs, in the consequent impaired credit of the city, these 
orders were at a discount, varying through the year from ten 
to thirty per cent., and at an average of at least 20 jjer cent, 
for the year. At this ruinous rate, therefore, the city paid 
her expenditures and her obligations. Without any correct 
data on which to act, and under such circumstances, to 
provide for the public exigencies, restore the public quiet 
and security, investigate the fiscal situation of the city, and 
introduce economy in the administration of affairs, was a 
task of no ordinary magaitude, however favorable to these, 
was the amended charter of 1839 and '40. The extract 
from the report of the finance committee of the 27th of 
March, 1841, will show the results of the investigation of 
affairs during the last year, and the following wiU show the 



CITY DEBT OF 1843. 327 

results of the economical efforts of the boards, both in 1841 
and this year : 

In the year 1841, the receipts from taxes 

and other revenue amounted to, - - - - ^108,112 63 

The expenditures for police purposes amount- 
ed to, - - - - - - - $C2,531 57 

Claims for do. presented and paid since, - 3,994 49 

66,526 06 

Saved and appropriated in liquidation of the 

floating debt, -------- $41,586 57 

For the three-quarters ending the 1st of January of this 
year, there appears the following difference from the ex- 
penditures of 1841, viz. : 

Expenditures to the 1st Jan., 1841, ----- $51,688 41 
Do. to the 1st Jan., 1842, ------ 36,546 53 



Amount of decrease in expenditures of 1841 and '42, for nine 
months, --------- $15,141 88 

Early in the course of the investigation of the affairs of 
the corporation, the chairman of this committee was im- 
pressed with the idea that if he could reduce the floating 
liabilities due immediately to our citizens in the form of 
corporation orders and change bills to a point that, through 
the receipts of a year they could be absorbed, and at the 
same time leave sufficient to pay the reduced expenditures 
of the city, the corporation might fund the amount of in- 
terest due, and any other liabilities that would appear, and 
thus resume cash receipts and cash payments, thereby sav- 
ing in the expenditures of the corporation 20 per cent., or 
one-fifth of the present amount of expenditures, and through 
this restoration of the public credit, and ameliorated condi- 
tion of the finances, prepare the way for a final extinction 
of the city debt, without placing on the citizens any addi- 
tional and onerous burdens. In this view the committee 
have concurred, and with the hope of accomplishing this 
object, the course of city affairs have been in no small mea- 
sure conducted. The opportunity of accomplishing these 
objects is now presented, and the situation of city affairs 
for the first time presents an aspect favorable to the pur- 
pose. The following is a statement of the city debt, with- 



328 APPENDIX. 



out including tlie immediate liabilities in the form of cor- 
poration orders, viz : 

Bonds issued as per general statement, - - _ - §525.435 00 
Bills payable, due bank (with interest), - - - 29,714 64 

§555,149 64 
Amount of interest due by estimate, i . . - 100,000 00 



Making ---_-_-_ §655,149 64 
We have a claim on government, recognized, and arrang- 
ing on princijDles of equity, assigned for payments of 
the banks, which we presume will cover that debt and 
interest. It is therefore deducted, - - _ - 29,714 64 



Leaving the amount, ------ §625,435 00 

We estimate to cover all other liabilities that may possibly 
appear, and a possible greater amount of interest that 
may be due, an amount to make a debt of §650,000, viz., 24,565 00 



Making a city debt of, ----- - §650,000 00 

The assets of the city, as per assessment of 1837, amount 
as follows : 

Real estate, as per assessment, ----- §495,900 00 

Bills receivable, notes due, - _ - _ - 2,916 00 

Stock in Cedar Point Railroad, ----- 10,000 00 

Bonds of school commissioners, ----- 15,000 00 



§523,816 00 



Of these, the railroad stock, - - - §10,000 00 
and bills receivable, - - - - 2,916 00 

are worth nothing, therefore deducted, - - - 12,916 00 



Leaving the estimated value of real estate, 495,900 00 ^ 

And bond of school commissioners, which v. §510,900 00 

is perfectly good, - - - - 15,000 00 \ 

What would be the proper value of this real estate at 
the present time, and under present circumstances, the com- 
mittee do not and cannot pretend to judge. It has been 
assigned for the benefit of the creditors of the city, and the 
trustees have advertised the city property for sale under 
the deed of assignment in May next. It has been supjtosed 
that those holding the bonds of the city, and coupons, 
would pay more for this property than, if otherwise sold, 
it would probably bring ; but it must be understood that 



CITY DEBT OF 1843. 329 

these bonds and coupons are mostly held by aliens, who, 
under the present disposition of our legislators, would not, 
probably, be permitted to imjorove it, and therefore they 
would not be likely to purchase, and hence the general ex- 
pectation of an advantageous sale might not be realized. 
The committee are therefore induced to present a plan of 
relief from the present embarrassments, and a restoration 
of cash payments and receipts by the city treasury for the 
ensuing year. They find that those holding city bonds and 
coupons to nearly if not quite, two-thirds of the whole 
amount of these, are willing to extend those bonds to twenty 
years from this period, and to fund the amount of coupons 
now due for the same time, ujoon a pledge of the city 
property for the payment of the bonds at maturity, and a 
portion of the annual revenue for the payment of the an- 
nual interest. Predicated, therefore, upon the possibility 
of effecting such an arrangement, the committee submit to 
their fellow citizens the following plan : That the coupons 
and such other liabilities as may appear that can be so ar- 
ranged, be funded, and that new bonds be issued for the 
amount of these, and of the bonds already issued, bearing 
date 1st April or May next, and having 20 years to run, 
the interest payable annually, and such as are given for 
bonds already issued, to bear the same interest as those they 
redeem, but the bonds given in settlement of coupons to 
bear an interest of 6 ]3er cent. only. 

That the city square, and such other unimproved property 
as will produce $200,000, if sold on ten or twenty years' 
time, be so disposed of, payable in ten annual installments, 
commencing in ten years from the date of sale, with interest 
at 6 per cent., payable annually, mortgages to be given to 
secure the payments, and an obligation to imjarove the 
property within some given period. 

That these mortgages and other city property be assigned 
in trust to secure the payment of the bonds. 

That it be recommended to the boards of aldermen and 
common council, to pass an ordinance requiring the receij)ts 
and payments in the transactions of the corporation to be 
made to and from the city treasury, in current bank notes, 



B30 APPENDIX. 



on and after the 1st day of April next, and requiring the 
authorities to make arrangements for the payment from 
their receipts, of the interest upon the city debt for the 
ensuing year. 

That a memorial he drawn and presented to the legisla- 
ture at its next annual session, making it obligatory on the 
corporation of the city to reserve and set apart from the 
annual tax on real estate, the sum of $12,000 dollars each 
year, for twenty years, and at the close of each municipal 
year to appropriate the same in payment of the bonds now 
given by the city ; making it obligatory likewise, to use 
said taxes on real estate for no other purpose, besides the 
one last mentioned, than for police expenditures and repairs 
of streets ; making it obligatory, also, to set apart and 
appropriate each year so much as may be necessary of all 
other revenue, for the payment of the interest due on the 
city bonds ; making it obligatory, likewise, to set apart and 
use for no other purpose, the $200,000 received from the 
sales of propei'ty, than in payment of the above mentioned 
bonds. Said obligation, in reference to the sinking fund 
for the payment of bonds, to be void only by a payment or 
a liquidation of said bonds, should it be in the power of the 
corporation to liquidate them at an earlier period than the 
twenty years named. 

The committee have to observe, in presenting this plan, 
that the sum of $12,000 each year, with the avails of 
sales of city property to the amount of $200,000, will, at 
the end of twenty years, extinguish the city debt. 

The operation of the resumption of cash payments the 
ensuing year is presented in the following statement : 

The property tax for the ensuing year, or 1842, amounts to ^75,000 00 
Other revenue computed upon the present year, - - 50,000 00 
Interest on the sale of property of ^200,000, at 6 per cent., 12,000 00 

Making receipts in the treasury forl842, - - - $137,000 00 
The corporation will have to provide 

for interest on bonds to amt. 

of §550,000 00 at 7 per cent. $38,500 00 
On 100,000 at 6 per cent. - - 6,000 CO 

. $44,500 00 



CITY DEBT OF 1843. 331 



" Immediate Liabilities." 

City orders estimated outstanding 

at close ofthe municipal year, ^25,000 00 
Individual accounts, balances, - 5,000 00 
Corporation change bills to be 

redeemed, - - - 10,000 00 

^40,000 00 

Expenditures of the ensuing year 
estimated by those of the 
present year, - - - §50,000 00 
These may be reduced by cash pay- 
ments, the average of dis- 
count on orders, say 20 per 
cent, ----- 10,000 00 

^40,000 00 

.$124,500 00 



Leaving a balance which may be expended on the streets 

in 1842, of ------- - ^12,500 00 

At the close ofthe ensuing municipal year, the city will 
be relieved of the amount of corporation orders and change 
bills, and her condition improved in the sum of $40,000, 
which sum, less the sinking fund of $12,000— say $28,000, 
may so much reduce the property tax, or be expended in 
improving the condition of the streets while in ^le restored 
credit of the city, in the gradual extinguishment of the 
debt, and in the lessened payments of interest, the condi- 
tion of the city thenceforth will be every year improving. 
The details of canying out the measures for the ensuing 
year, must be left to the wisdom of future boards, but it 
may not be improper for this committee to suggest, that in 
succeeding years, two distinct sources of revenue be jDlaced, 
as collected, in t^vo different banks of the city, and only 
drawn for, as appropriated to the distinct objects of pay- 
ment, by check of the mayor, countersigned by the trea- 
surer, and that no checks be given at any time in advance 
of deposits, or but in necessary payments by orders, or by 
resolutions of the boards. The property tax to be placed 
in one bank, the other revenues as collected to be deposited 
in another. 

These statements and views are submitted with great 
deference and resj)ect to all who feel an interest in city 
aff"airs, and regard the common weal and public prosperity. 



332 APPENDIX. 



Our fellow citizens, we are aware, must desire some cliange 
in the financial condition of the city, and such a change as 
will protect its honor, reduce its expenditures, and provide 
for the ultimate extinguishment of its debts ; such a change 
as will jDrevent fraud or peculation, inspire a confidence in 
the future, and give a healthy moral tone to public senti- 
ment in the improved and improving condition of the affairs 
of this city. That such will be the efiect of the measures 
suggested by the committee, that they are the wisest and the 
best in the present embarrassed condition of the corporation, 
the committee have too great diffidence in their own ability 
and judgment to assert. They offer them for public con- 
sideration, for the matxire reflection of all most deeply inter- 
ested in the welfare of the city, and for public expression 
upon their j^ropriety and probable results. In presenting 
them, the committee have no motive beyond the public 
good. Their period of service in the affairs of the corpo- 
ration expires with this municipal year, and they have 
neither the desire nor the exjjectation of participation in the 
future management of city aftairs. They deemed it import- 
ant, now, while the opportunity and the aspect of city 
affairs were favorable to some important change, desirable 
and beneficial in the future, to present these statements, 
and these views, and they are res23ectfully submitted to 
their fellow citizens. 

S. P. BULLARD, 
WM. P. BROWN, ' 
WILLIAM SAYRE, 
L. GUERINGER, 
March 2d, 1842. D. HUBBARD. 



[At the request of the mayor, alrlermeii and common council of the city, 
a meeting of tlie citizens of Mobile was held on the 7th of IMay, 1842, to 
devise means to relieve the city of its embarrassments. The result of 
which was that the mayor issued the following circular to the creditors of 
the city.] 

Mayor's Office, City of Mobile, | 
Novev'iber Ufh, 1842. j 

The unparalleled embarrassments that have i)(n-vaded 
the whole country have been severely felt by the city of 



CITY DEBT OF 1843. 333 

Mobile ; and to these have been added the calamities of 
fire and disease. Under circumstances thus aggravated, it 
has been utterly impracticable for the city to meet the 
annual payment of interest on its funded debt, its annual 
expenditures for police purposes, and the payment of a float- 
ing debt created by her necessities, and her annual expen- 
ditures. By economy, within a few years this floating 
debt has been nearly extinguished. The funded debt of 
the city, as represented on the books, stands as follows : 

Bond for loans of 1S30, on 20 years, due in 1S50. at S per cent, int., SSOOOO 00 

190,000 00 
10 000 00 
£0 000 00 

$260,000 00 

200,000 00 
24,000 00 
29,003 00 
253,000 00 



1836, 


' 10 


1S46, at S 


" 1S36, 


' 20 " 


1S56, at 8 


" 1S36, 


' 20 " 


1856, at S 


" 1S34, 


' 30 " 


1864, at G 


1S36, 


' 20 ■■ 


1856, at 6 


■' . " " 1S39, 


' 10 " 


1S49, at 6 



$513,000 00 
Coupons of interest now due on tliis, with other debt to be provided for, would 

not probably exceed the sum of 137,000 00 

Making this class of the city debt the sum of $650,000 00 

The city now holds a large amount of valuable property, 
which, at this period, could not be made available for the 
payment of the interest and other debts now due, but 
which at some future period would go far to the extin- 
guishment of a large jiortion of the whole debt. On the 
16th of May, 1840, the city made an assignment of all its 
property to seven trustees, for the benefit of its creditors. 
This trust expires on the IQth of May next, ensuing — and 
the trustees would be compelled to sell or lease said pro- 
perty in the intermediate time. The avails of such sales, 
at this period, would pay but little to the creditors. I am 
therefore instructed by resolutions of the boards of alder- 
men and common council, to propose to the creditors the 
following arrangement : — 

That the bonds now held by them be exchanged for new 
bonds, bearing date at twenty years, and 

bearing an interest of 5 per cent, per annum ; that the cou- 
pons for interest now due be funded, and bonds of a similar 
character, bearing the same date and the same rate of 
interest, be issued therefor. That these new bonds bear 



33-i ■ APPENDIX. 

an agreement for payment before maturity, as tlie city may 
provide therefor, in numerical succession, tliat is — No. 1 
first, and so on. It is further proposed that an equation 
be made of interest on the bonds now held, by which the 
parties holding bonds at different rates may in the reduc- 
tion of interest on the new bonds be placed on an equal 
footing. Beside the property already assigned in trust, 
ivhicli maybe i^e-assigned, the following further security is 
proposed for the j)ayment of annual interest, and the ulti- 
mate and progressive payment of the debt, viz. : an Act of 
the legislature now in session, the passage of which will now 
be asked, of the following purport : 

Section 1. Providing for . the purchase and holding of 
lands by alien creditors under sales made by the trust abo.ve 
mentioned, free from all claims of the State now or here- 
after by reason of the alienage of such purchasers. 

Sec. 2. Authority by the State for the issue of the new 
bonds above proposed. 

Sec. 3. For the better security and payment of said 
bonds, an annual fund to be created and maintained by said 
city, of $10,000, for which and for payment of the annual 
interest of 5 per cent., the taxes accruing on assessments of 
real estate shall be pledged — and said taxes not to be 
reduced below a rate sufficient to produce said annual fund 
and the annual interest, until the obligations created in 
pursuance of this Act shall have been paid. 

Sec. 4. Provision for the payment by the collector of 
taxes annually to the Alabama Life Insurance and Trust 
Company, of sufficient amount for the purposes stated in 
the preceding section, and for the payment of interest and 
bonds, the latter in numerical succession, by said company. 

Sec. 5. Provides power to levy additional taxes by 
granting licenses to all trades and professions. 

Sec. 6. Providing power to levy a tax of 1\ per cent, 
on auction sales, excepting sales under judicial proceedings, 
guardians, administrators' sales, &c. 

Sec. 7. Providing power to assess a tax on public 
amusements, games, shows, exhibitions, &c. 

Sec, 8. Providing that at the close of each municipal 



CITY DEBT OF 1843. 335 



year, all sums exceeding $5,000, after defraying the neces- 
sary annual expenses, shall be paid over to the Alabama 
Life Insurance and Trust Company, and be by them 
applied to the payment of obligations created in pursuance 
of this Act in numerical succession. 

Sec. 9. Providing that in case of default by the cor- 
porate authorities in any of the duties prescribed by this 
Act, the court of chancery, or any court having chancery 
jurisdiction in Mobile county, shall be open to all and every 
holder of obligations issued in pursuance of this Act, and 
full powers given to said court to enforce the performance 
of this Act, with powers to said court to appoint another 
depository upon a showing by the corporate authorities or 
the holder of any obligations of the city, that the Alabama 
Life Insurance and Trust Company is no longer a proper 
depository of the funds pledged. 

Sec. 10. Providing that after the 1st of November, 
1843, and after issue of the above mentioned obligations, 
the corporate authorities shall issue no city orders or prom- 
ises to pay, transferable from hand to hand, nor enter into 
any contract for the payment of money, unless the means 
are specially provided for said payment at the period of 
making said contract. 

Sec. 11. Provides for rules and regulations for the col- 
lection of newly raised taxes, and for the imposition of tines 
and penalties for violation of the jsrovisions of this Act. 

Sec. 12. Provides that corporate authorities shall be 
under no obligation to enforce or carry into effect the 
provisions of this Act unless three-fourths in amount of the 
creditors shall signify their assent to the proposed arrange- 
ment by written communication to the mayor on or before 
the 1st of April, 1843. 

Such is the arrangement proposed, such the security 
offered for the future jnayment of interest and eventual pay- 
ment of the debt. It is an effort made with the high and 
honorable purpose of meeting the payment of the debt and 
interest in good faith. It is considered that the security 
thus offered, in addition to the property pledged, the avails 
of which will be hereafter, as disposed of, aj)propriated to the 



336 APPENDIX. 



extinguishment of the debt, is ample compensation for a 
reduction of interest, so necessary to enable the city to meet 
with punctuality its new engagements, which will be cre- 
ated by the acceptance of this an-angement. 

As the holder of some of the existing obligations of the 
city, your assent or dissent to the propositions herein made 
is desired as early as practicable. You will please state in 
your reply the amount of bonds or coupons for interest, 
held by you, or of which you have the control. 

CHAS. D. HOPPIN, 

Mayor. 

[And the Act of the 11th of February, 1843, was adopted : To enable the 
Corporate Authorities of the City of Mobile to provide for the security and 
payment of the Debts of said City, and for other purpos-es.] 

EiKhtvest- Section 1. Be it enacted hy the Senate and House of 

purchnsers'" Hejoresentatives of the State of Alabama, in General Assem- 

°eye"ito'^se-bIy convened, That all and every purchaser or purchasers 

or/y. ^ ^ ° of lands or interests in lands, conveyed by the corporate 

authorities of the city of Mobile, for the security of certain 

debts, by indenture, bearing the date, sixteenth day of May, 

A. D. eighteen hundred and forty, and recorded in the 

office of the clerk of the county court of Mobile, book No. 

1, pages 284 to 291, inclusive, '■•'•■ and his or their heirs and 

Resniution * I'l'^ followin? resolution passed the boai'd of mayor and aldermen and common conncil 
of the city on the fifteenth day of May, 1840 : Hes'olred, That the deed of assignment to \Vm. Jones, 
thedeedTo^^ J""" •'»™'^s S. Deas, Thad. Sanford. H. Y. Cliamberlain, Edward Hall. Robert G. Gordon, and 
secure debts. H- ^- Gathormey, of the lands of the corporation, in the city and county of Mobile, be exe- 
cuted, and that Edward Hall, mayor of the city, be authorized to si^n the same and affix the 
seal of the corporation thereto, and that he acknowledge the same in behalf of the corpora- 
tion, and have it placed upon the records in the olTice of the clerk of the county court in 
this county, in tlie time provided by law. 
(A TRUE Copt.) JOHN P. RAMSEY, 

Clerk Common Council. 
H. P. ENSIGN, 

Clerk Board Aldermen. 
State of Alabajia, ^ 
Deedoftrust Mobile Coustv. ^ 
to secure 

debts, re- This Indenture, made .and executed at the city of Mobile on this sixteenth day of May, in 

k°"i''n:'"i the year of our Lord one thousand eight hundred and forty, between the mayor, aldermen 
pau-cs ''S4 to and common council of the city of Mobile of the first part, Wm. Jones, jr., Edward Hall, 
291, in office Th,adeus Sanlbrd, James S. Deas, H. V. Chamberlain, Robt. G. Gordon, and H. B. Gathcr- 
01 prol)iUc mey, of the second part, and all and singular the creditors of the party of the first or the 
bile"eountv. "'''"d part, witnesselh : Whereas the parties of the first part arc indebted in a large sum of 
money upon bonds issued by the mayor, aldermen and common council of the eity of Mobile, 
upon which the interest is paj able semi-annually, and wliich bonds arc now held by third 



ACT TO SECURE CITY DEBT OP 1843. 337 



assigns shall take and hold the same, with full power to 
alien and dispose of the same, freed and discharged of and 
from all claim that the State of Alabama now have, or may 
acquire by reason of the alienage of such j^urchaser or pur- 
chasers, his or their heirs or assigns. 

Sec. 2. And be it further enacted, That the mayor, ^f ^^y ^ay 
aldermen and common council of the city of Mobile may, 20 'yllrt ^' 
for the payment of the debts now due and owing, by said cent! mter"^ 
city, issue the obligations of said city, under its corporate 
seal, in sums not less than $100 each, bearing interest at 

persons, and the interest upon some of which is in arrear, a statement of which debt is 
hereto attached, marked A, and whereas the parties of the first part are indebted for city 
orders issued for the paj'raent of money, and which are unpaid in tlie sum of dollars 

or upwards, a correct account not having been kept, so that the amount may be ascertained, 
and whereas the parties of the first part are indebted to the boards of the sum of ibrtj" 
thousand one hundred and six iVo dollars, and whereas the parties of the first part are 
further indebted in the sum of dollars, and whereas the revenues of the city are not 

adequate to the payment of the debts, and the parties of the first part have various parcels of 
land and other property which are unproductive and which ought to be applied to the pay- 
ment of their debts, and whereas the interests of the creditors demands the sale of the said 
property ; to the end therefore that a fair sale may be matle of the said lands, and that a 
first distribution of the proceeds shall be made among the creditors, so that the amount of 
interest may be redeemed, and the parties of the first part, by the expenditures of the reve- 
nues, may be able to discharge the debt aforesaid after such reduction, and for and upon tho 
consideration of ten dollars to us in hand paid, the parties of the first part have granted, 
bargained and sold, and by these presents do grant, bargain and sell to the parties of the 
second part, and the survivors and survivor of them, and their heirs and assigns of the 
survivor, the following parcels of land, in the city and county of Mobile, and of every part 
thereof, with all the appurtenances to any part or parcel thereof belonging, and the estates, 
right and titles, interest, claim and demand of the party of the first part, in and to the said 
parcels of lands, which parcels are bounded and described as appears in schedule B. hereto 
annexed, and this indenture further witnesseth that in pursuance of the considerations 
before mentioned the parties of the first part do grant, bargain and sell, and have granted, 
bargained and sold to the said parties of the second part and the survivors and survivor, 
and the heirs and assigns of the survivors, all and every parcel of lands, tenements or heredi- 
taments in the city of Mobile, not hereintofore particularly described, of which they, the 
party of the first part, are possessed or interested in or entitled to, and all the estates, right, 
claim, interest and demand, in possession, reversion, or remainder of the said parties of the 
first part in and to the same, with all the rights and privileges thereunto belonging or in 
any wise appertaining, I have and hold (he said premises and every part and parcel thereof 
unto the parties of the second part, and of the survivors and survivor, and the heirs and assigns 
of the survivors, for their proper use and behoof forever, and it is hereby agreed and declared, 
by and between and amongst all and every the said parties of these presents, that they, the said 
parlies of the second part and the survivors and survivor and heirs of the survivor, shall and 
will be seized and interested in all and singular the said parcels of land, tenements and heredi- 
taments upon the following trust, conditions and reservations : First, that the said parties of 
the second part and the survivors of them and their heirs of the survivors shall cause, in 
their all convenient speed, exercising a sound discretion for the benefit of the parties of the 
third part, to be exposed to public sale, in the city of Mobile, each and every parcel of land 
before mentioned in each parcel, and upon such terms as they shall deem most advisable for 
the promotion of the objects the said parties of the first part have in view: Proxided. that 
the sale of the said property shall not be postponed beyond the first day of May, in the year 
of our Lord eighteen hundred and forty-three, and as sale shall take place before the parties 
of the second part shall have given notice by advertisement in at least two papers in the 
city of Mobile, twice a week for the space of three months, of the time and place, and terms 



338 



APPENDIX. 



Annual fund 
to be raised 



the rate of five per centum per annum, and redeemable in 
twenty years after the date thereof, or at any earlier period, 
at the discretion of said corporate authorities. 

Sec. 3. And be it/urther enacted, That for the security 
of creditors, of the holders of the obligations provided by this Act, and 
for the ultimate payment of the same, a fund not less than 
ten thousand dollars, to be called the annual fund, and to 
be annually applied as hereinafter provided, shall be cre- 
ated and maintained by the corporate authorities of said 
city, for which purpose, and for the annual payment of 
the interest on the obligations provided for by this Act, 



of sale, but after the said sale shall have commenced, it shall and may be lairful for the 
parties of the second part and the survivors of them and the heirs of the survivor, to adjourn 
the same from day to day, or from time to time, giving such notice of their adjournments, as 
they may think needful and proper to insure the objects o4' this trust; and it is further 
declared that upon such sale the said parties of the second part shall be empowered to 
make titles to the purchaser, and to receive the purchase money or securities, and to give 
full receipts and acquittances to the purchaser thereof, and that the recitals in the deeds of 
the parties of the second part sliall be evidence against the parties of the first part and 
those claiming under them, and the object of these rules being to pay the debts of the said 
parties of the first part, which are now due or which are bearing interest and running to 
maturity, it is hereby declared that at any such sale it shall be lawful for the parties of the 
second part, to accept from any purchaser of said lands, in payment for the purchase money 
of his purchase, any of the bonds of this city mentioned in the schedule hereto annexed, 
and any coupons belonging to the same which are due and which remain unpaid, and they 
are further authorized to receive in payment as aforesaid any orders or other securities of 
the parties of the first part or their predecessors or which have been issued under their 
authority acknowledging the existence of any debts: Provided, the said parties of the 
second part and the survivors of them and the heirs of the survivor, shall satisfy them- 
selves that the said debt is really and bona- fide due before the titles are executed in favor of 
such purchasers, and the said parties of the second part may sell the said lands upon a credit, 
if it shall be found by them most favorable to the interests of the parties of the third part, 
upon inquiry of such terms as they may have an opportunity to consult, taking such secu- 
rities for the payment of the debt and interest on the same, and such provisions for the 
improvements as may be necessary and effectual for the due performance of the sales afore- 
said and the completion of the titles, the said parties of the second part and the survivors 
of them and the heirs of the survivor shall dispose of the proceeds of the sale, in the first 
place to pay such necessary expenses incurred in and about the execution and fulfillment 
of these trusts : Provided, that the fixing of the rates of compensation for agents, and such 
other accounts as may arise in the execution of these trusts, shall be submitted to the 
parties of the first part, whose decision upon the same shall bo fixed and conclusive, and 
that no payment shall be made, but in pursuance of their order. Secondly, that after the 
reservation of the amount necessary to cover expenses of the trust, the said parties of the 
second part shall deliver up to the parties of the first part to be canceled, any bonds, orders, 
or evidences of debts they may have received upon any such sale as aforesaid, and the 
balance of the purchase money, or securities taken in discharge of the purchase money shall 
be divided among such of the creditors of the said parties of the first part, hereinbefore spe- 
cified, as shall agree to take the same at par in payment of the debts heretofore specified, of 
the parties of the first part, or if the securities and money aforesaid shall be unequal to 
the payment of this whole claim of creditors, then ninety days shall be allowed for the 
creditors to come in after the sale and notify the parites of the second part of their inten- 
tions, and if the money and securities aforesaid shall not be exhausted by the creditors who 
shall agree to receive them on the terms aforesaid, then the parlies aforesaid of the second 
part shall cause the same to be applied among the orecUtors aforesaid, first in payment of 



ACT TO SECURE CITY DEBT OF 1843. 339 

the taxes accruing from the assessments by the said corpo- 
rate authorities, on the real estate within the said city, 
shall be, and are hereby pledged and appropriated, and said 
assessments on real estate shall not be reduced below a rate 
sufficient to produce the annual interest, and the annual 
fund of ten thousand dollars, so long as the obligations of 
the said city, issued in pursuance of this Act, or any por- 

the arrearages of interest that are due upon any portion of the bonds aforesaid; secondly 
in the payment of the floating debt aforesaid, consisting of orders, titles and acknowledg- 
ments of debts ; and in the third place in providing for the payment of the bonds aforesaid in 
the order in which they may become due and payable ; fourth in the payment of any other 
debts that may be due and owing, from the parties of the first part or their predecessors, on 
any account whatsoever; and lastly that the balance shall be paid over to the parties of the 
first part. And it is further provided, that if either of the said trustees shall resign, die or 
refuse to act, that the remainder of the said trustees shall apply to the chancellor of the 
southern chancery divisions at the court of chancery holden in the city of Mobile, for the 
appointment of successors to ^ch, and that notice of the application shall be given to the 
parties of the first part, and the trustees to be appointed by said chancellor shall be vested 
with^all the rights and shall perform all the duties, and their acts shall be as valid and 
effectual as if their names were inserted in lieu of the parties whose place is so supplied, and 
a majority of the trustees shall be competent to act, and all acts done by a majority and 
all deeds and conveyances executed by them, shall be as good and effectual to pin the 
estates and to bind the parties of the first part in the same manner and extent as if each 
and every of the parties of the second part had concurred therein; and it shall be the duty of 
the said survivors or of those who shall accept the office hereby created, or of the trustee 
who shall so resign, to make good and valid assurances and conveyances to the trustees who < 

may be appointed in manner aforesaid, so that the same estate shall be vested in them as in 
the several parties of the second part, and until the trusts aforesaid shall be fully fulfilled, 
the object of these parties is, by the means aforesaid, to continue seven persons, who shall 
be vested with equal interest in the said property, and who shall have the same power in 
regard to the disposition of the same as auditors for other stipulated and equal, that the 
said parties of the second part may lease a portion of the said property, for a term of years, 
or may raise money upon a mortgage of the same, if they discover that a sale will not be 
beneficial to the parties of the third part ; and the rents from said property so leased and the 
money raised by such mortgage, shall be applied to the payment of the debts aforesaid, in 
the order in which the other monej-s are to be applied under these presents. But it is hereby 
declared to be the leading object of these presents to provide for the sale of said property, 
that the debts aforesaid may be fully paid, and that the exercise of the last mentioned pow- 
ers of lease and mortgage shall not be made unless the said parties of the second part shall 
be satisfied that the same is to the interests of the said parties, and that the fulfillment of 
the objects of these presents will be advanced thereby. In testimony whereof the said 
parties of the first part have caused their seal to be affixed to these presents by Edward 
Hall, he being specially authorized by them the same so to do this day of May, in 

the year of our Lord eighteen hundred and lorty, and the parties of the several parts hereby 
testify their acceptance of the trustee and assent to these presents, this sixteenth day of 
May, in the year of our Lord eighteen hundred and forty. 

Witness : 

S. P. BULLAED, 

John P. Remt. 



Witness : 

S. P. BULLABD, 

John P. Remt. 



EDWARD HALL, 


[SEAL.] 




Mayor. 


EDWARD HALL, 


[SEAL.] 


H. V. CHAMBERLAIN, 


Do. 


WM. JONES, Jr., 


Do. 


T. SANFORD, 


Do. 


R. G. GORDON, 


Do. 


H. B. GATHERMEY, 


Do. 



340 



APPENDIX. 



Duty of city 
tax collector. 



tion thereof, shall remain unpaid : i^rovided, the power to 
tax real estate in said city shall not exceed the present 
rates of taxation. 

Sec. 4. And he it further enacted. That it shall be the 
duty of the collector of taxes of the said city, for the time 
being, to pay over, from time to time, as the taxes afore- 
said may be collected, to the Alabama Life Insurance and 
Trust Company, so much of the said taxes as may be suffi- 
cient to ptroduce the interests due on said obligations, accord- 
ing to their tenor and effect : and also the said annual fund of 



deed. 



Acktiowl- Before me, clerk of the county court for Mobile count}', came Ed. Hall, mayor of the city 

edgraent of of Mobile, and produced a resolution of the mayor, aldermen and common council of the citj' 
of Mobile, authorizing and empowering him to execute the foregoing deed, ■(rhich resolution 
is in the words following: " Resoli-cd, That the deeds of assignment to AVm. Jones, jr., 
John S. Deas, Tha,d. Sanford, H. T, Chamberlain, Edward Hall. R. G. Gordon, and H. B. 
Gathermey, of the lands of tliis corporation in the city and county of Mobile be executed, and 
that Ed. Hall, mayor of this city, be authorized to sign the same and affix the seal of the 
corporation thereto, and that he acknowledge the same in behalf (of the corporation and 
have it placed on the records in) office of the clerk of the county court in this county, in the 
time prescribed by law." Whereupon the said Edward Hall acknowledges that the seal of 
the corporation is affixed to said deed, and that the same is the actual deed of said corpo- 
ration, and executed by the said corporation in the manner set forth in the said resolution, 
this nineteenth day of May, eighteen hundred and forty. 

WM. TAYLOR, Clerk. 



Schedule A 
of deed of 
debts. 



SCHEDULE A. 
City bonds issued for loans of 1831, " " " at twenty years, due 26th of Aug., 
in 1850, bearing interest at per cent., payable in'Mobile the 26th of Febru- 
ary and August, $30 OOO 

Of 1834, " " " at thirt}' years, due the 1st of November, in 1864, bearing 

interest at 6 per cent., payable in New York the 1st of May and November.. $200 000 
Of 1836, " " " at ten years, due the 1st of February, 1846, bearing interest at 

8 per cent., payable in Mobile the 1st of February and August, $190 000 

Of 1836, " " " at twenty years, due the 1st of November, 1S56, bearing 

interest at 6 per cent., payable in Mobile the 1st of Jlay and November $24 000 

Of 1836, " " " at twenty years, due the 1st of November, 1856, bearing 

interest at8 per cent., payable in Mobile 1st May and November, $40 000 

Of 1839, " " " at ten years, due in 1849, bearing interest at 6 per cent., 

payable in New York 1st of January and July, $29 000 



Schedule B 
of deed of 
lands. 



SCHEDULE B. 

To wit : that certain lot, piece or parcel of land, lying and being in the city of Mobile, on 
the east side of Conception street, between Dauphin and St. Francis streets, having a front 
on Conception street of sixtj'-three feet, and a depth of one hundred and thirty-three 
feet, bounded on the south by lands belonging to the city of Mobile, and the west 
by Conception street, on the north by lands of Benjamin Laurendine and of heirs of 
Pope Augusts, and on the east by lands of R. Kennedy, (Bcmody?) being the same 
lot of land conveyed to the mayor and aldermen of the city of Mobile, by S. H. Garorw 
and J. G. Lyon, by deed bearing date the 4th day of February, A. D. eighteen 
himdred and thirty-six. Also, all that certain piece, parcel or lot of hand situate, lying and 
being in the city of Mobile, on Conception street, having a front on said street of forty-eight 
feet and six inches, by a depth of forty-five feet and six inches, more or less, bounded on the 
west by said Conception street, on the north by land of Antonio Pinto, on the east by laud 



ACT TO SECURE CITY DEBT OP 1843. 341 

ten thousand dollars, to be applied to the payment of the 
principal sum due on said obligations ; and it shall be thebam-at^iff^' 
duty of the said Alabama Life Insurance and Trust Com-anrTrust 
pany, with the consent of said company, or in some other *^°'"p'^">'- 
suitable place of deposit, to be selected by the mayor, 
aldermen and common council of Mobile, in case company 
shall refuse to receive it, to accept the taxes so paid over in 
trust for, and to be by them applied to the uses and pur- 
poses of this Act, and after paying the interest due on said 
obligations, the said comj^any shall apply the annual 

of the heirs of Isabella Collier, deceased, and on the south by lands of Bartholomew, being 
the same lot of land conveyed to the mayor and aldermen of the city of Mobile, by Benj. 
Laurendine, by deed being dated the second day of April. A. I)., eighteen hundred and thirty- 
six. Also, all that certain lot, piece, parcel or tract of land, situate, lying and being in the 
city of Jlobile, and bounded and divided as follows, to wit : on the west by Conception 
street, on the north by St. Francis street, on the east by lands lately claimed by 'William 
Ballard, and on the south by lands lately claimed by Benjamin Laurendine, having a front of 
forty-four feet six inches on St. Francis street, and forty-eight feet front on Conception 
street, being the same lot of land conveyed to the mayor and aldermen of the city of Mobile, 
by Antonio Pinto, by deed bearing date the thirteenth day of August, A. D. eighteen hun- 
dred and thirty-six. Also, that certain lot, piece or parcel of land situate in the city of 
Mobile, on the south side of St. Francis street, between St. Joseph and Conception streets, 
having a front on St. Francis street of thirty-three feet eight inches, and running back one 
hundred and forty-six feet in depth, bounded on the west by land now or lately belonging 
to the estate of Simon Cardeace, on the south by lands of Catherine Durand, and on the 
east by lands of Zeno Chartang, and on the north by St. Francis street, being the same lot 
or parcel of land conveyed to the mayor and aldermen of the city of Mobile, by Charles 
Batre and Adolph Batre, by deed bearing date the third day of February, A. D. eighteen 
hundred and thirty-six. Also, all that certain piece, parcel or lot of land, situate, lying and 
being in the city of Mobile, bounded as follows, to wit : on the north by St. Francis street, 
on the west by property lately of Messrs. C. and A. Batre, on the east by lands lately of 
Seaborn Travis, having a front on St. Francis street, of thirty-five feet, more or less, by a 
depth of one hundred and forty-five feet, more or less, between St. Joseph and Conception 
streets, being the same lot or piece of land conveyed by the mayor and aldermen of the city 
of Mobile, by L. Chartang, by deed bearing date the thirty-first day of March, A. D. eighteen 
hundred and thirty-six. Also, all that certain piece, parcel or lot of land, lying and being 
situate in the city of Mobile and State of Alabama, bounded and described as follows, to 
wit : bounded on the east by St. Joseph street, on the north by St. Francis street, on the 
west by lands now or lately belonging to Zeno Chartang, and on the south by a lot of land 
heretofore conveyed to Hedenburg and Ward, said hereby granted or intended to be granted 
lot of land having a front on said St. Joseph street, of one hundred and six feet four inches, 
by a depth of one hundred and sixteen feet, more or less, being the same lot or piece 
of land conveyed to the mayor and aldermen of the city of Mobile, by Jotham Clarke, 
by deed bearing date the second day of February, eighteen imndred and thirty-six. Also, 
all that certain lot, piece or parcel of land, situate in the city of Mobile, on the west side of 
St. Joseph street, between Dauphin and St. Francis streets, having a front of forty feet 
on St. Joseph street, by a depth of one hundred and nine feet, more or less, with the same 
width in rear as in front, bounded on the north by lands of the heirs of R. Bemody, on the 
east by St. Joseph street, and on the north by lands now or lately of Jotham Clarke, being 
the same property conveyed by Jotham Clarke, to Abraham D. Hedenburg and Mark 
A. Ward, and by them conveyed to the mayor and aldermen of the city of Mobile, 
by deed bearing date the eleventh day of February, A. D. eighteen hundred and 
thirty-six. Also, all that certain piece, parcel or lot of land, situate, lying and being in 
the city of Mobile, on St. Joseph street, having a front on said street of forty feet, more or 



342 APPENDIX. 



fund of ten thousand dollars, annually, to the payment in 
full of said obligations, according to the numerical succes- 
sion, that is, paying the obligation numbered one first, and 
so on, until the whole shall be paid in regular numerical 
succession. 

Sec. 5. Repealed. 
City may ggc^ Q And be it further encicted, That the corporate 

levy tax on ./ 7 ± 

auction sales authorities aforesaid shall have power to le"vy and assess a 
tax not exceeding one and one-half per centum on the 
amount of all auction sales made within the said city, except 

less, b}- a depth of one humlred and thirty feet, more or less, bounded as follows,, \'iz. : on 
the east by St. Joseph street, on the north by lands lately of Hedenburg and Ward, on the 
south by lands of John F. Everett, and on the west by lands of the corporation, beina; the 
same lot or piece of land conveyed to the mayor and aldermen of the city of Mobile, by 
Catherine Durand, by deed bearing date the first day of March, A. D. eighteen hundred and 
thirty-six. Also, all that certain lot, piece or parcel of land, situate, lying and being in the 
city of Mobile, on the west side of St. Joseph street, having a front of ninety-six feet on 
said street, bounded as follows, that is to say : on the south by lands lately belonging to 
John Herpin. Diego McVoy, Dr. Martin McToy and John B. Herpin. on the e^st by St. Joseph 
street, on the north by lands late of Reqiste Bemody, and on the west by lands of the city 
of Mobile, and running back from St. Joseph street on the north line of said lot hereby con- 
veyed, one hundred and eighty-seven feet eight inches, and on the south line one hundred and 
eighty-seven feet six inches, being the same parcel or lot of land conveyed to the mayor and al- 
dermen of the citj- of Mobile, by John F. Everett, by deed bearing date the fourth day of Febru- 
ary, A. D. eighteen hundred and thirty-six. Also, that certain lot, piece or parcel of land, situ- 
ate, lying and being in the city of Mobile, described as follows : beginning at the north-west an- 
gle of the intersection of Dauphin and St. Joseph streets, and extending westwardly on the 
north side of Dauphin street, sixt v-fl ve feet, more or less, and northwardly on the west side of 
St. Joseph street, seventy-five feet, more or less, it being the same lot conveyed to the mayor 
and aldermen of the city of Mobile, by John Herpin, by deed bearing date the third day of 
February, A. D. eighteen hundred and thirty-six. Also, all that certain lot, piece or parcel 
of land, situate, lying and oeing in the city of Mobile, on the north side of Dauphin street, 
between St. Joseph and Conception streets, having a front of fifty-two feet on Dauphin 
street, and running back seventy-two and a half feet, bounded on the east by lands lately of 
John Herpin, on the west by lands lately of John F. Everett, Esq., being tlie same lot or 
parcel of land conveyed to the mayor and aldermen of the city of Mol)ile, by Martin McToy, 
by deed bearing date the third day of February, A. D. eighteen hundred and thirty-six. 
Also, all that certain lot, piece or parcel of land, situate in the city of Mobile, on the north 
side of Dauphin street, Iietween St. Joseph and Conception streets, having a front on Dau- 
phin street of fifty-two feet, and running back in depth seventy-two feet and a half, more or 
less, bounded on the east by lands lately of Martin McVoy, on the west by lands lately of 
John B. Herpin, and on the north by lands lately of John F. Everett, Esq., being the 
same piece or lot of land conveyed to the mayor and aldermen of the city of Mobile, 
by Diego McVoy, by deed bearing date the third day of Fel>ruary, A. D. eighteen 
hundred and thirty-six. Also, all that lot, certain piece or parcel of land, situate, 
lying and being in the city of Mobile, on the north side of Dauphin street, between 
St. Joseph and C.>nce tion streets, having a front of thirty feet on Dauphin street, bounded 
on the east by ];iv ■•> itely of Diego McVoy, jr., on the north by lands claimed by the heirs 
of Diego Alvarez deceased, and on the west by lands formerly claimed by the heirs of James 
Durand, being tie <a'ne lot of land conveyed to the mayor and aldermen of the city of 
Mobile, by John li. Herpin, l)y deed bearing date the third day of February, A. D. eighteen 
hundred and thirty-six. Also, that piece or parcel of land situate at the south-east corner 
of Dauphin and Conception streets, in the city of Mobile, and described as follows, viz. : 
commencing at a stake placed at the edge of the building now standing upon the said 



ACT TO SECURE CITY DEBT OF 1843. 343 

sales under judicial proceedings ; guardians', executors', and 
administrators' sales, and sales of proj)erty under the pro- 
visions of deeds for the security or payment of debts. 

Sec. 7. Kepealed. 

Sec. 8. And be it further enacted, That the corporate Tax may be 

collected on 

authorities aforesaid shall have power to assess and collect sales of pro- 

■"■ perty on the 

a tax, not exceeding twenty cents upon every hundred dol- wharves. 
lars of proj)erty sold upon the wharves of the city of Mobile, 
or on ship-board, or otherwise, before the same shall be 
stored : provided, this section shall not be construed to Proviso. 

corner, thence running north 22° west, eight feet two inches, to a stake on the old line of 
Dauphin street, thence running south 68° and a half, west thirty-seven feet six inches, to 
the old corner of Dauphin and Conception streets, thence running south 20° and forty-five 
minutes east, eighty-two feet to a stake, thence running north 68° and a half east three feet 
seven inches to a stake on the edge of the aforesaid building, thence running north 21° 51 
minutes west seventy-three feet and four inches to a stake at the corner of the building 
aforesaid, thence running north 68° east thirty-four feet and seven inches to the place of 
beginning ; the said piece of ground being bounded on the north by Dauphin street, on the 
west by Conception street, and south and east bjr property belonging to Antonio Pinto, 
being the piece or lot of land remised, released and forever quit claimed unto the mayor and 
aldermen of the city of Mobile, by John Herpin, by a certain deed bearing date the second 
day of September, A. D. eighteen hundred and thirty-three. Also, all that certain tract or 
parcel of land, lying south- westwardly of the present settled parts of the city of Mobile, 
beginning at the red cedar post on the south line of the new burying ground, due north of a 
certain pine tree marked and blazed as the western boundary of said tract of land, running 
eastwardly with the line of said burying ground on said line extended one and a half acres 
front on said line north and southward so far as to include three acres of ground in a square 
piece. And also one other tract or parcel of land lying north-westwardly of the present 
settled part of the city, beginning at a certain cedar post on the north-west corner and run- 
ning east one and a half acres and south to include three acres of ground in a square piece, 
said last mentioned tract of ground being the same land conveyed to the mayor and alder- 
men of the city of Mobile, by William E. Kennedy and Joshua Kennedy, by deed bearing 
date the tenth day of May, A. D. eighteen hundred and twenty. Also, all that piece or 
parcel of ground in the said city of Mobile, which now forms that part of Theater street 
situate east of Water street, with the appurtenances unto the said piece or parcel of ground 
belonging or appertaining, being the same piece or parcel of ground that was leased to 
John Luiger and William Taylor, jr., the full term of fourteen years, by a deed bearing date 
the seventh day of January, A. D. eighteen hundred and twenty-six. Also, all that certain 
tract of land known as the south-east quarter of section No. 15, and the north-west quarter 
of section No. 24, township No. 4, range No. 2 west, south of the thirty-first degree of N. 
L., supposed to contain three hundred and twenty acres, being that certain tract of land 
purchased of the U. S. government, of which purchase John H. Owen, receiver of public 
moneys at St. Stephens, Alaliama, gave a certificate dated the thirtieth da)' of April, A. D. 
eighteen hundred and thirty. Also, all that tract of land contained in the east half section No. 
12, in township' No. 4, of range No. 2, and the south-west quarter of section No. 7, in town- 
ship No. 4, of range No. 1, being the same tract of land purchased of the U. S. government, 
of which purchase John H. Owen, receiver of public moneys at St. Stephens, Alabama, gave 
a certificate, dated January the twenty-iifth. A.D. eighteen hundred and thirty-one, for which 
said lands Abner S. Lipscomb executed his certain instrument of release and quit claim to 
the mayor and aldermen of the city of Mobile, bearing date the twentieth day of December, 
A. D. eighteen hundred and thirty. Also, that certain indenture of mortgage executed by 
the Mobile school commissioners, to the mayor and aldermen of the city of Mobile, bear- 
ing date the seventeenth day of March, A. D. eighteen hundred and thirty-five, and recorded 
In the office of the clerk of the county court for Mobile county, in book D. page twenty-one, 
and all that messuage be in said indenture mentioned and described by either, with all the 



344 APPENDIX. 



allow any assessment on cotton, or other staple production, 
imported into said city from the interior of the State of 
Alabama or Mississij)pi. 
marcontract ^Ec. 9. And be it furtJiev enacted, That the corporate 
debts'!''or authorities of the city of Mobile, after the passage of this 
prope?t^y. Act, sliall uot bo permitted to purchase real estate, or bor- 
row money, or create any sum for purposes of profit or im- 
provement, without a concurrence of the mayor, and boards 
of aldermen and common council, at their regular meetings, 
upon a full attendance of all the members of both boards, 
at a time when there shall be no vacancy in either, and none 
dissenting to the Act, which facts shall all apjjear on the 
minutes of the corporation, and any contract made in vio- 
lation of this Act shall be wholly null and void, incapable 
of being ratified or confirmed, except in the manner herein- 
before specified. 
Tax on pub- Ssfc. 10. And he it further enacted. That the corpora- 
tions?^ games tion authorities aforesaid, shall have authority to assess a 
ments. tas ou auy public balls, shows, exhibitions, theatrical enter- 
tainments, billiard-tables, nine-pin alleys, ten-pin-alleys, 
bowling alleys, and any and every other public game, 
or public places of amusement, and the amount of 
taxes provided for by this section shall be fixed and de- 
termined by the mayor and the presiding ofiicers of the 
boards of aldermen and common council as hereinbefore 
provided. 
Surplus of Sec. 11. And he it f^irther enacted, That at the close 
beVid to " of each municipal year, if any surplus exceeding the sum 
lifoinTu^r- of five thousand dollars shall remain in the treasury of said 
Trust'com- city, after defraying the necessary expenses thereof, the 
same shall be paid over by the mayor of said city, by his 
warrant on the treasury of said city, countersigned by the 
presiding officers of the boards of aldermen and common 
council, to the said A.labaraa Life Insurance and Trust 
Company, or other depository selected as aforesaid, to be by 

rights, niinibprs and appurtenances thereunto bclontrinK, and all the right, title and interest 
therein, and also the debts to the said mayor and aldermen thereby secured, and the inter- 
est therein accruing to the said mayor and aldermen of the city of Mobile, belonging, sub- 
ject nevertheless to the right and equity of redemption of the aforesaid Mobile school com- 
missioners, and their successors, and also, all that property known as the city water-works, 
together with the pipes and appurtenances thereto belonging. 



ACT TO SECURE CITY DEBT OP 1843. 345 

tliem held and applied in the same manner as is hereinbe- 
fore provided for the application of the annual fmid, tha,t 
is to say, to the payment in full of the obligations issued in 
pursuance of this Act, in numerical succession. 

Sec. 12. And be it further enacted, That in case of Remedy 

•' ^ _ against cor- 

the default of the corporate authorities aforesaid, in any ofjj^f^^'j""^"'' 
the duties prescribed by this Act, the court of chancery for 
Mobile county, or any court having chancery jurisdiction 
within the county aforesaid, shall be open to all and every 
of the holders of the obligations issued in pursuance of this 
Act, and full powers are hereby given to said court, to 
enforce the specific j)erformance of the provisions of this 
Act, and the said court shall have full power to appoint 
another depository of funds provided for by this Act, 
whenever it shall be made to appear upon the application of 
the corporate authorities of the city of Mobile, or of any 
holder of bond or bonds, provided for by this Act, that the 
said Alabama Life Insurance and Trust Company, or other 
depository, is no longer a proper depository of the said funds. 

Sec. 13. And be it further enacted. That from and Prohibitions 

*' ' . after first 

after the first day of November, A. D. one thousand eight Nov., is43. 
hundred and forty-three, and after issuing the obligations s''^" "°t 

•I J a <D issue obliga- 

provided for by this Act, it shall not be lawful for the oontracr 
corporate authority aforesaid to issue in any assignable form Jli'^e^ansp'o-^ 
whatsoever, any bonds, promises to pay, or city orders, orpa'J^^ment."^ 
any form whatsoever of promises to pay, transferable from 
hand to hand, nor to enter into any contract for the pay- 
ment of money, unless the means for the payment of the 
money so contracted to be paid, shall be specially provided 
at the time of making such contract. 

Sec. 14. And be it further enacted, That full power Powers in 

•' ^ ^ oolleotion of 

and authority is hereby given to the corporate authorities ''"^^• 
aforesaid to establish such rules and regulations for the 
collection of the dues, taxes and revenues hereby j)ro- 
vided, and to use all lawful process and proceedings, which 
they may deem requisite to enforce the same ; and also to 
impose such fine or penalty for the violation of any provi- 
sion of this Act, as they may deem requisite, and such fine 
or penalty shall be recoverable in the name of the mayor, ' 



346 APPENDIX. 



Act, ho'n' 
carried into 
effect. 



aldermen and common council of the city of Mobile, before 
any tribunal having competent jurisdiction. 

Sec. 15. And be itjurther enacted, That the corporate 
authorities of the city of Mobile shall be under no obliga- 
tion to enforce or carry into effect the provisions of this 
Act, unless three-fourths in amount of the creditors of said 
city signify their assent to the same, by written communi- 
cation to the mayor of said city by or before the 1st day of 
April, A. D. one thousand eight hundred and forty-three. 

Restriction. g^^_ ^q And 1)6 it fuvtlier encicted, That after the pas- 
sage of this Act, it shall not be lawful for the members of 
the boards of aldermen and common council to make any 
contracts with the corporate authorities to do any work or 
perform any service for the same, nor shall any appropria- 
tion be valid that shall be made for this. 

tloroTfumis Sec. 17. And he it further enacted, That in the expen- 



d^vided to ditures of the funds of the said city derived from taxation, 
the mayor, aldermen and common council shall have a pro- 
per regard to the appropriation of the same to the improve- 
ment of the different wards of said city, in proportion to 
the amount of taxes paid by each ward. 
Appkoved, 11th February, 1843, 



commission 
er under Act 
of 1843. 
Report of 
was exam- 



c'omnSon: Under the Act of 1843, S. P. BuUard was appointed 
commissioner to find the debt he reported Oct. 17th, 1843. 
July 23d, 1844, a committee was appointed to examine the 
^mMeloi""' report ; Hindman Barney, from council, Solimon I. Jones, 
RTp'on'of from aldermen, who reported Oct. 15th, 1844, that the 
new bonds issued by Mr. Bullard, as per his book of record, 
amount to $706,191 18, being for 469 bonds each for ^1000, 
1469,000 ; 6 bonds each $5000, $30,000 ; 80 bonds each 
for $100, $8,000 ; amount of coupons and interest due on 
the above, and also equation of interest, $199,191 18. 
This statement is to 8th July, 1844, agreeably to Mr. Bul- 
lard's letter of that date, addressed to his Hon. the mayor. 
There are yet outstanding fourteen of the old bonds, each 
for $1,800, and also some of the small bonds, each of $100. 
The amount of the latter must, however, be small. It is 
probable, that when the whole debt of the city is settled, 
the amount will be $725,000. 



FEES OF CONSTABLES. 347 



AN ACT authorizing Justices of the Peace in the C ity of Mobile to hold 
their offices and transact business without the limits of their proper 
beats. 

Section 1. Be if enacted hy the Senate and House o/^hepeace°L 
Representatives of the State of Alabama, in General As- side,'hoid'(?f- 
semhly convened, That all justices of the peace who have any cap- 
been, or shall hereafter be elected within the limits of the within the 

city. 

city of Mobile, shall, and may be authorized to reside, hold 
their office, and transact official business in any captain's 
beat, within the limits of said city, any law to the contrary 
thereof notwithstanding. 
Appkoved Feb. 4, 1840. 



AN ACT to regulate the Fees of Constables in the City of Mobile. * 

Section 1. Be it enacted by the Senate and House o/fees!'^*^'^'^ 
Representatives of the State of Alabama, in General As- 
sembly convened, That, in lieu of the fees now allowed by 
law, it shall be lawful for constables to demand and receive 
for services to be rendered within the city of Mobile, the 
fees hereinafter mentioned : 

For serving summons in civil cases, - seventj'-five cents. -^^'^ °^ ^^^^ 
For each search or State's warrant, - - - one dollar. 
For levying an execution, - - - - seventy-five cents. 

For carrying persons to jail, or releasement, - fifty cents. 
For serving notice required by law, - - - fifty cents. 
For serving capias or bail warrant, - - - one dollar. 
For serving writs of seizure in admiralty, - - one dollar. 
For monition, ---------- one dollar. 

For making money on each execution, seventy-five cents. 
For levying distress warrant, ----- one dollar. 

For taking bail and furnishing bond in all cases 

required by law, -------- one dollar. 

For summoning each witness, ----- thirty cents. 

For summoning jury for coroner, or other pur- 
pose, ------------ two dollars. 

For levying attachment, _ _ _ _ seventy-five cents. 

For whipjjing slave, to be paid by the owner, one dollar. 
For attending and serving as bailiff in court, 

for each day, ----- one dollar and fifty cents. 

For keeping property levied on, such sum as the justice 



348 APPENDIX. 



believes just and reasonable, out of the money in the hand 
of said constables, arising from the sale of said property, or 
received by reason of said levy. 

For arresting deserting seamen, the same as is now allowed 
by law. 

Approved 31st January, 1846. 



AN ACT for the better securing Mechanics in the City and Count)' of 
jNIobile. 

Mechanics. SECTION 1. Be it enacted by the Senate and House of 
Reioresentatives of the State of Alabama, in General As- 
sembly convened, That from and after the passage of this 
Act, every mechanic, workman or other person, doing or 
performing any work towards the erection, construction or 
furnishing of any building in the city or county of Mobile, 
or may have furnished materials of any description for said 
building, erected under a contract in writing. or otherwise, 
between the owner and builder, whether such work shall be 
performed as journeyman, laborer, cartman, sub-contractor 
or otherwise, and whose demand for work and labor done 
and performed, or materials furnished towards the erection 
of such building, has not been paid and satisfied, may 
deliver to the owner of such building an attested account 
of the amount and value of the work and labor thus per- 
formed, or materials furnished, the amount unpaid there- 
ujDon. Such owner shall retain out of his subsequent 
]3ayments to the contractor the amount of such work and 
labor, or materials, for the benefit of the person so perform- 
ing the same. 

Contract. Sec. 2. And bc it further enacted, That whenever any 
account of labor performed on a building erected, or mate- 
rial furnished under a contract in writing or otherwise as 
aforesaid, shall be placed in the hands of the owner of such 
building, or his or her authorized agent, it shall be the 
duty of such owner or agent to furnish his or her contractor 
with a copy of such paper, in order that if there sliall be 
any disagreement between such contractor and his creditor, 

Arbitration, they may, by amicable adjustment between themselves, or 
by arbitration, ascertain the true sum due, and if the con- 
tractor shall not, within ten days after the receipt of suc]i 



TO SECURE MECHANICS. 349 

papers, give the owner written notice that he intends to dis- 
pute the claim, or if, in ten days after giving such notice, 
he shall refuse or neglect to have the matter adjusted as 
aforesaid, he shall be considered as assenting to the de- 
mand, and the owner shall pay the same when due. 

Sec. 3. And be it further enacted, That if any such 
contractor shall dispute the claim of his journeyman or 
other person, for work and labor performed, or material 
furnished, as aforesaid, and if the matter cannot be adjust- 
ed, amicably between themselves, it shall be submitted, on , ^. 

^ " ^ ' ^ ' Arbitrators. 

the agreement of tlie parties, to the arbitrament of three '^°"^ chosen. 
disinterested persons, one to be chosen by each of the par- 
ties, and one by the two thus chosen. And the decision in 
writing of such three persons, or any two of them, shall be 
final and conclusive in the case submitted. 

Sec. 4. And he it further enacted, That whenever the 
amount due shall be adjusted and ascertained, as above 
provided, and if the contractor shall not, within ten days 
after it is so adjusted and ascertained, pay the sum due to 
the creditor, with costs incurred, the owner shall pay the 
same out of the fund above provided ; and which amount Payment. 
due may be recovered from the said owner by the creditor 
of the said contractor, in an action for money had and re- 
ceived to the use of said creditor, and to the extent in value 
of any balance due by the owner to his contractor, under 
the contract with him at the time of the first notice given 
as aforesaid, or subsequently accruing to such contractor 
under the same. 

Sec. 5. And he it further enacted, That if, by collusion 
or otherwise, the owner of any building erected as afore- 
said shall pay to his contractor any money in advance of 
the sum due on said contract, and if the amount still due 
the contractor, after such payment has been made, shall be 
insufficient to satisfy the demand, made in conformity with 
the provisions of this Act, for work and labor done, or 
materials furnished, the owner shall be liable to the amount 
that would have been due at the time of his receiving the Liability. 
account of such work, in the same manner as if no such 
payment had been made : provided, however, that no lien Proviso. 



350 APPENDIX. 



shall attacli to any building for work done for any tenant 
occupying said building, unless said work sliall be done by 
consent, in writing, of tlie owner of said building, or his 
authorized agent. 

Approved December 9th, 1841. 



AN ACT for the protection of Mechanics. 
May have a SECTION 1. Be it enacted hij the Senate and House of 

lien on arti- '-' •/ 

fr?^lP °^ R^P'^'^sentatives of the State of Alabama, in General Assem- 
bly convened, That all mechanics in the city of Mobile 
shall have a lien on all articles made or repaired by them 
in the shop until paid for making such article. 

Sec. 2. And be it further enacted, That if any article 
made or repaired shall remain for the space of five days 
after it has been made or repaired unpaid for, it shall be 
^^![j'^°^'^ "°' lawful for the mechanic who has performed the work to 
ajjply to any public auctioneer and have the article so made 
or repaired sold, on giving ten days' notice of the time and 
place of sale, selling for the amount of the lien. 

Sec. 3. And be it further ejiacted, That it shall be the 
duty of the auctioneer selling any article under the provi- 
sions of the foregoing section to pay over to the mechanic 
for whose benefit such sale has been made, the amount 
of the lien on the article sold, and after deducting all 
charges, j)ay the excess to the person to whose order the 
work had been performed. 

Approved February 2d, 1839. 



AN ACT for the relief and protection of Ship-Carpenters, Ship-Joiners and 
others in the City and County of Mobile. 

To havo a Section 1. Be it enacted by the Senate and House of 

hen on work «' J 

done. Eeiiresentatives of the State of Alabama, in General Assem- 

bly convened. That all ship-carpenters, ship-joiners, calk- 
ers and spar-makers, in the city and county of Mobile, shall 
have a lien on all articles or work put up, made or repaired 



TO SECURE COLLECTION OP RENTS. 351 

by them, iu any ship, ship-yard, dock-yard, or at any other 
place within said city or county when work shall have been 
made, put np, or repaired, until paid for putting up, mak- 
ing or repairing the same, according to the terms of the 
contract therefor. 

Sec. 2. And be itficrtker enacted, That if any articles 
or work shall remain for the space of five days after it has 
been made, put up or repaired by any ship-carpenter, ship- 
joiner, calker or spar-maker, in the hands or possession of 
said ship-carpenter, ship-joiner, ca,lker or spar-maker, 
unpaid for or unsatisfied according to the terms of the con- 
tract for said work, it shall be lawful for said ship-carpen- 
ter, ship-joiner, calker or spar-maker, who has made, put 
up or rejDaired the articles or work aforesaid, on giving ten 
days' public notice of the time and place of sale, to cause 
the articles so made, put up or repaired, to be sold by any 
auctioneer in the city of Mobile, selling for the amount of 
the lien, and such sale shall confer good title on the pur- 
chaser of any article so sold. 

Sec. 3. And he it further enacted, That it shall be the 
duty of the auctioneer selling any article under the provi- 
sions of the foregoing section, to pay over to the shi]D-car- 
penter, ship-joiner, calker or spar-maker, for whose bene- 
fit such sale has been made, the amount of the lien on the 
article so sold, and after deducting all charges, pay the ex- 
cess to the person on whose order and account the said work 
has been done : provided., the said ship-carpenter, ship- 
joiner, calker or spar-maker shall first file with some jus- 
tice of the peace of the said county of Mobile, an affidavit 
of the amount due him for the work so made, put up or 
repaired by him. 

Appeoved Feb. 4th, 1840. 



AN ACT the more effectuallj' to secure the Collection of Rents in the City 
of Mobile. , 

Section 1, Be it enacted by the Senate and House of 
Representatives of the State of Alabama, in General As- 
sembly convened, That whenever any landlord, his agent 



352 APPENDIX. 



or attorney, shall make comijlaint on oath to any justice of 
raa'kl'cora" ^^^ pcace in the city of Mobile, that any person or jiersons 
oath!' °° is or are indebted to hira, for the rent of any tenement 
within the corporate limits of the said city, and shall enter 
into bond and security in fom^ times the amount of the 
rent alleged to be due, conditioned to pay the said defend- 
ant all costs and damages he may recover for the wi-ongful 
or vexatious suing out the warrant hereinafter mentioned, 
it shall be lawful for the said justice of the peace to issue 
his warrant, returnable before him, not less than four, nor 
more than ten days from the time the warrant shall be 
issued, directed to any constable of said city, requiring him 
to seize and to take into his possession any goods and chat- 
tels belonging to the defendant wdiich may be found in the 
tenement for which the rent shall be due, and the constable 
shall keep the goods and chattels so seized to answer the 
judgment which may be rendered by the justice of the 
peace in the cause, unless the debt shall be sooner paid, 
with all costs, and the justice of the peace, on the return of 
said warrant, shall proceed and render judgment according 
to the merits of the case. 
Justices to Sec. 2. A7id be it further enacted. That whenever the 

direct sum- <> ' 

raons. g^3^^ sworn to be due shall exceed the sum of fifty dollars, 

it shall be the duty of the justice of the peace to direct the 

same to the sheriff of the county of Mobile, and make the 

same returnable before the county or circuit court of the 

said county, which court shall proceed at the return term 

of said warrant, to render judgment in the said cause, and 

it shall be the duty of the said sheriff of the said county 

to proceed in the manner directed by the first section of 

this Act. 

Defendant ggo 3_ And be it fuvther enacted. That the said de- 
may replevy »' -' 

property. ' fendaut to the said warrant may replevy the property 
seized : ^jrov^'c/et/, he enter into bond and security, payable 
to the plaintiff, in double the amount of the sum sworn to 
be due, conditioned to pay the judgment which shall be 
rendered against him or surrender the said property to the 
proper officer, and the said bond shall have the force and 
effect of a judgment, and execution may issue thereonj if 



UNLAWFUL ENTRY AND DETAINER. 353 

the property so replevined shall not be delivered to the 
proper officer within fifteen days after the rendition of 
judgment. 

Sec. 4. And he it fiirtlier enacted^ That if any person 
shall wrongfully or vexatiously sue out such warrant, he 
shall he liable to pay to the defendant therein, treble 
damages, to be recovered by action on the case before any 
court having competent jurisdiction. 

Appkoved, January 30, 1840. 



To provide a more efficient Remedy in cases of Unlawful Entry and Detainer 
in the City of Mobile. 

Section. 1. Be it enacted, &c.. That when any tenant or Remedy 

' ' '' ;i gainst per- 

tenants of lands or tenements in the city of Mobile, who ^""^ howing 

•^ ' over lease. 

may have executed a lease, or investment in writing, creat- 
ing or recognizing such tenancy, shall, after the expiration 
of the time provided in such lease or instrument in writing, 
hold over or detain the said lands or tenements, or any 
part thereof from the owner, his agent or attorney, forty- 
eight hours after demand made, on the com23laint of the 
said owner, his agent or attorney, in writing, as now pro- 
vided by law in cases of unlawful detainer and verified by 
the affidavit of the complainant, it shall be lawful for any Ppwers of 

r, ^ . • -I • T n ^ 1- justices 

justice 01 the peace m said city, beiore whom the complaint upon affida- 
may be filed, to issue his warrant to the sheriff" of Mobile 
county, directing him to put the complainant into posses- 
sion of the said lands and tenements, which warrant shall 
be returnable in five days after the test thereof : 2^'^ovided, Proviso. 
that said warrant shall not issue till the sixth day after 
filing the complaint, nor until the defendant or defendants 
shall have had three days' notice of the complainant, and 
a copy thereof served upon him or them ; and provided, proviso. 
said warrant shall not issue unless the complainant, his agent 
or attorney, shall enter into bond payable to the party or 
parties complained against, with sufficient security, to be 
approved by the justice, in double the amount of rent 
reserved in the said lease or instrument in writing, con- 



354 APPENDIX. 



ditioned to pay the defendant or defendants, all costs and 
damage he, she or they may sustain, by the wi'ongful or 
illegal complaint of the plaintifi" or plaintiffs. 

^*®^" Sec. 2. And he it further enacted, That for his services 

in such proceedings, the justice shall be entitled to demand 
and receive of the complainant the sum of one dollar, and 
no more ; and the sheriif, for his services, the sum of three 
dollars, and no more, for which costs execution may issue. 

Proceedings Qec. 3. And 1)6 it further enacted. That the defendant 

may be re- . 

""• cou°t of °^' tlefendants may remove the proceedings from the said 

record. justicc of tlic pcacc, to the next term of any coiu't of 
record having civil common law jurisdiction in the county, 

Proviso. \^j certiorari : provided it be done within five days after 
service of copy of complaint on the defendant, and provided 

Co^^ts to be i\q defendant pay the costs already incurred, and give bond 
in double the amount of rent received in the lease, or instru- 
ment in writing, exhibited by the plaintifi', jiayable to said 
plaintiff, and with good security, to be approved by the 

Bond given, judgc granting the certiorari ; conditioned to pay all costs 
and such damages as may be assessed by the jury trying 
^ the case in the court above ; and the case in the court 

above shall be tried de novo, and the defendant may demur 
* and plead to the complaint, as if it were an original cause 
in said court, and judgment shall be entered, and execution 
issue, as in cases of appeals. 

tolri°may'' ^^0. 4. And he it further enacted. That writs of cer- 

^e^^ssued by ^j(^j.g^pj^ provided for in this Act, may be granted by any judge 
of the supreme court, or circuit court, or chancellor, or by 
the judge of the orphan's court of Mobile county. 

Remedy in Qec. 5. And he it further enacted. That in cases of 

cases of un- •' ' 

Itfll'l®" unlawful detainer, or unlawful or forcible entry and de- 
tamer or un- ' '' 

forcibie°ln- tainer, occurring in the city of Mobile, other than that 
detainer, mentioned in the first section of this Act, and in cases 
where forfeiture of a lease, or a right of re-entry is claimed, 
by reason of the breach of- any covenant or stipulation 
therein contained, and which, by the terms of said lease, is 
to work a forfeiture, or give a right of re-entry, the justice 
of the peace receiving the complaint (which shall be in 
form and manner as provided by the general law on the 



UNLAWFUL ENTRY AND DETAINER. 



355 



suliject of forcible entry and detainer) shall summon two 
other justices residing in said city ; and they three shall 
form a court for the trial of the cause without a jury : 2^'>''0- 
vided the I3arty complaining, his agent or attorney, shall 
verify the complaint by affidavit : and provided, further, Proviso, 
that in cases where a forfeiture of the lease is claimed, or 
where a right of re-entry therein reserved is sought to be 
enforced, the party complaining shall give bond, payable to 
the defendant, in double the amount of rent reserved in 
said lease, with sufficient security, to be approved by the 
justice receiving the complaint, conditioned to pay the de- 
fendant all costs and damages the said defendant may sus- 
tain by the wrongful or illegal exhibition of said com- 
plaint. 

Sec. 6. And he it further enacted, That the justice before i^^'y of , 

"^ _ ' ^ " _ justices 01 

whom the complaint specified in section five of this Act is *'"' p^^'^s 

J- -1- upon oom- 

irade, shall forthwith issue a summons to the party com- p'^'"' '"^'^''■ 
plained of, requiring him to appear at a specified place, and 
at a time not exceeding five days from the test thereof, 
which shall be served and returned to the justice issuing the 
same, by the sheriff of the county, in the same manner as 
process from courts of record, and on the return day of said 
summons, the three justices shall proceed to hear and de- 
termine the cause upon the law and evidence provided, and 
their judgment shall be rendered in the form of a special 
verdict, finding the facts and the law thereon. 

Sec. 7. And he it further enacted. That the iudgment Judgment 

■' •' «; o nj][| proceed" 

and proceedings before the said iustices may be removed to i"^^ '"^''°''*^ 

i. <s J J justices may 

the next term of any court of record, having civil common ^^ co"j.°'o'f 
laAvjurisdictionin the countyby certiorari, provided it be done ggrUoran. 
within five days after judgment is rendered, and provided the 
party appealing first pay the costs of the court below, and also 
enter into bond with good and sufficient security, to be ap- 
proved by the judge granting the certiorari, in twice the esti- 
mated value of the yearly rent of the lands and tenements in 
controversy, or where a lease or instrument in writing has been 
executed by the defendant, in twice the amount of the rent 
therein reserved, payable to his adversary in the suit, con- 
ditioned as provided in the third section of this Act, and 



356 



APPENDIX. 



Duty of 

justice issu- 
ing sum- 
mons. 



When vrrit 
of res:itu- 
tion may 
issue. 



the cause in the court above shall be tried de novo, and the 
defendant may demur and plead to the complaint as if it 
were an original cause in said court, and judgment shall be 
entered, and execution issue, as in cases of appeals. 

Sec. 8. A7id he it further' enacted, That the justice issu- 
ing the summons shall preside at the trial of the cause below, 
and enter on his docket copies of the complaint, summons, 
returns of the sheriff, pleadings, and writ of restitution, and 
shall receive for so doing, ten cents for ever}^ hundred words, 
and in case of the removal of the cause to a higher court, shall 
furnish the clerk of such court a copy of the record, herein- 
before provided, and receive therefor the like compensation. 

Sec. 9. And he it further enacted, That if, at the ex- 
piration of five days after the rendition of judgment below, 
excluding the day of the trial, no certiorari be allowed, in 
case the judgment be for the plaintifi", a wi'it of restitution 
directed to the sheriff, shall be issued by the presiding jus- 
tice, directing him to put the plaintiff in possession of the 
property in controversy, which shall be returnable not more 
than six days from the test thereof, and execution may 
issue against the losing party for the costs incurred. 

Sec. 10. And he it further enacted, That for their ser- 
vices in the said proceedings, in addition to the fees herein- 
before allowed him, the presiding justice shall receive two 
dollars, and no more, the associate justices each one dollar, 
the sherifi" three dollars, and the witnesses fifty cents j)er 
day, each. 

Sec. 11. And he it further enacted. That whatever, by 
the general laws of this State, shall constitute an unla-urful 
detainer, or unlawful entry and detainer, or forcible en- 
try and detainer, when occurring in the city of Mobile, 
shall be cognizable under this Act, and when any tenant 
or tenants a't will or at sufferance, for a part of a year, or 
one or more years, or any person claiming by, through 
or under -them, or who shall take possession on their de- 
sertion or abandonment of the demised premises during 
their term, or before their delivery to the lessor, and every 
person who shall fail to pay his rent, according to the 
terms of his lease, or violate any of the conditions or pro- 



Fees of pre- 
siding jus- 
tice. 



General 
laws of un- 
lawful de- 
tainer, &c., 
applied to 
like cases in 
Mobile. 



COUNTY COMMISSIONERS NOT TO LAY OUT ROADS, ETC. 357 

visions of his lease, which are secured by a right of re- 
entry, or by a forfeiture of his term, or shall wilfully, and 
without force, hold over any lands or tenements, after forty- 
eight hours' demand and notice for the delivery of the 
possession thereof to his landlord, his agent or attorney, 
the person or persons so holding over shall be guilty of un- 
lawful detainer. 

Sec. 12. A7id be it further enacted, That all laws and Repeals. 
parts of laws relating to unlawful entry and detainer, and 
unlawful detainer and forcible entry and detainer, and pro- 
viding remedies therefor, applicable to the city of Mobile, 
excepting only the general law of this State, on the said 
subjects, be, and the same are hereby repealed. '■■•' 

Approved March 3d, 1848. 



AN ACT approved January 17th, 1834, provides that the County Commis- 
sioners shall not have control of Roads within the City. 

Sec. 7 Enacts, That the county court of Mobile 
county shall not have power to open or lay out any roads 
within the corporate limits of the city of Mobile, or appor- 
tion bounds on any road within the limits of said corpora- 
tion. 



AN ACT approved December 23d, 1836, provides for the Opening and 
Closing of the Polls in the City, at County Elections. 

Sec. 3 Enacts, That from and after the passage of this 
Act, it shall be the duty of the sheriff of the county of Mo- 
bile to open the polls at every annual election in the city 
of Mobile, at eight o'clock in the morning, and. continue the 
same open until six o'clock in the evening. And if the 
sheriff of said county shall fail to comply with this section, 
he shall thereupon forfeit and pay a fine of one hundred 
dollars, to be collected in the ordinary mode of enforcing 
fines against officers. 

* See Code of Alabama, §§ 2850-2860. 



358 APPENDIX. 



By the Code of Alabama,, Pilotage is regulated as follows : 

commis- K 899. FivG persoiis must be appointed by the gov- 

pilotage, ernor, upon the recommendation of the presidents of the 

how appoint- ' ^ r 

^^- several insurance companies of the city of Mobile, to be 

stjded commissioners of pilotage of the bay and harbor of 
Mobile, who hold their office for the term of six years, and 
until their successors are appointed, and before entering upon 
the duties of their office, must take and subscribe an oath 
faithfully to perform the duties thereof. 

no"mmate'' '° § ^^^- Should the prcsidcuts of such insurance compa- 

fppoint""^'" i^^6s, or a majority, fail for thirty days after the term of 
office of the commissioners expire, or upon the death, or res- 
ignation of any of them, to nominate to the governor suit- 
able persons to fill the office, he must forthwith make such 
a23pointment, and should the governor fail for thirty days 
to make the appointment to fill a vacancy, it may be filled 
by the surviving members, and the person so appointed 
holds for the unexpired term of his predecessor. 

uc'e^nsed""^ § 901. Tlic commissioucrs, or a majority of them, have 
power to grant licenses to persons to act as pilots, for either of 
the bars of the bay of Mobile, having ascertained their fitness 
by such inquiry and examination as they may be enabled 
to make, and uj^on the certificate of not less than three 
nautical men, appointed by them for that j^urjjose, that 
the applicant is well acquainted with the pilot grounds, 
currents, etc., of the bay, and is qualified to manage and 
work vessels ; but not more than thirty pilots must be ap- 
pointed for the lower bar of Mobile bay, and not more than 
ten for the bar of Dog river. 

Certificates. g 9Q2_ The commissiouers must give to every person ap- 
pointed by them, a certificate of his appointment, which 
must be signed by a majority of the commissioners, or by 
their chairman, by their direction, requiring him previously 
to take and subscribe the following oath, which one of the 
commissioners may administer. 

Oath of I, A. B., do solemnly swear, (or affirm, as the case may 

be) that I will faithfully, and according to the best of my 
skill and judgment, perform the duties of a pilot for the 



PILOTAGE REGULATED. 359 

bay and harbor of Mobile, and will at all times, wind, 
weather and health permitting, use my best exertions to 
repair on board all ships or vessels which I shall see and 
conceive to be bound for, coming into, or going out of the 
harbor or bay of Mobile, unless I am well assured some 
other licensed pilot is then on board the same. That I will, 
from time to time, and at all times, make the best dispatch 
in my power, to convey safely every vessel committed to 
my charge, coming into or going out of the bay or harbor 
of Mobile, and will at all times well and truly observe, 
follow and fulfill, to the best of my skill and judgment, all 
such orders and directions as I may receive from the com- 
missioners of pilotage, relative to all things appertaining 
to the duty of a pilot. That I will not be interested, 
directly or indirectly, in the earnings of more than two 
pilot boats, nor in the earnings of any combination or co- 
partnership of pilots, composed of more than ten pilots, 
nor will I be a member, at the same time, of more than 
one combination or jDartnership of pilots, so help me God. 

§ 903. Before receiving his license, the pilot must make Bond of 
and deliver to the commissioners a bond, payable to the 
chairman of the board, and his successors in office, in the 
penal sum of two thousand dollars, with surety, to be ap- 
proved by the commissioners, and with condition, faithfully 
to |)erform his duties as pilot, which must be renewed every 
six years. 

§ 904. The commissioners have power, and it is their commis- 
duty to prescribe rules and regulations for the crovernment tabiish regu- 
of the pilots, and to prescribe the fees for their services, f^es. 
They may also im]30se such penalties for neglect of duty, 
not inconsistent with this law, as they may think proper. 

§ 905. The commissioners may deprive any pilot of his License, 
license, for a wilful violation of his duties, or the orders or '■'°^^'^- 
regulations of the commissioners, for negligently or care- 
lessly losing or injuring any vessel in his charge, or when 
laboring under mental derangement, or so addicted to habits 
of intoxication as to be unfit to be intrusted with the charge 
of a vessel. 

§ 906. Any pilot who fails to act as pilot for three other causes 
months, or absents himself for ten days, at any one time, t'on- 



360 . APPENDIX. 



from the bay or harbor of Mobile, without leave of said 
commissioners, or a majority of them, may be deprived of 
his license, and if, at any time, any vessel in the bay or 
harbor of Mobile is in charge of any civil officer, in virtue 
of process from any court of record of this State, and any 
pilot with knowledge thereof, conducts or pilots such vessel 
out of the bay or harbor of Mobile whilst in charge of such 
civil officer, such pilot forfeits his license, and is forevei* 
disqualified from acting as pilot, and also forfeits such sum 
as the jury shall assess. 

i^rto bV"^^ § 907. Every pilot boat cruising or standing out to sea, 
must offer the services of a pilot to the vessel nearest the 

Exception. |^^^,^ unlcss a vcsscl morc distant is in distress, under the 

Penalty, penalty of fifty dollars for each and every neglect or refusal, 
either to approach the nearest vessel, or to aid her if re- 
quired, or to aid any vessel in sight showing signals of dis- 
tress, and the commissioners, or a majority of them, for such 
neglect or refusal, may deprive the pilot of his license. 

fni°veSn, § 908. The pilot who brings a vessel into port has the 

t'o'' take hi^^ exclusive right to take her out, unless the master of such 
vessel jjroves to the satisfaction of the commissioners that 
such pilot misbehaved himself whilst in charge of the 
vessel, or has in the meantime been deprived of his license, 
and, in either case, another pilot may be employed. Any 
pilot having the right to take a vessel out of port may 
attend in j^^i'son, or procure another person out of the 
pilot boat to which he is attached, to attend for him ; 
but if he fail to attend, or substitute another in his place, 
the master of the vessel having given notice, as hereinafter 
required, of his intended departure, is at liberty to employ 
another pilot, who must, if not j^reviously engaged, pilot 
the vessel out, and is entitled to the fee therefor. 

Remedy for § 909. Any jicrsou who pilots a vessel out, not being 
entitled to do so, is liable to the pilot who had the right 
for the amount due or paid for carrying the vessel out. 

ives.when §910. A pilot wlio has brought a vessel into port, is 
entitled to his fees before her departure from port, to be 
paid in advance, or security given for the payment, and on 
failure thereof may refuse to carry the vessel out. 



PILOTAGE REGULATED. 361 



§ 911. Any person piloting, or conducting any vessel in ^y"[-'n" ^""^ 
or out of the bay of Mobile, or over any of the bars thereof, j-'oense! ^ 
without a license as pilot, or who has forfeited or been de- 
prived of his license, is entitled to no fee or reward for the 
service, and every such act is a misdemeanor, and, on con- 
viction, such person must be fined one hundred dollars ; 
but any person may assist a vessel in distress, without a 
pilot on board, if such person shall deliver up the vessel to 
the first pilot who comes on beard and ofiers to conduct 
the vessel. 

§ 912. Any master of a vessel bearing towards the port ^^^„^^''' .'",^^"=" 
or harbor of Mobile, excejDt coasters and other vessels trad- hau-fee^s"! 
ing between the ports of Mobile, New Orleans, and Pen- 
sacola, who refuses to receive a pilot on board, is liable, on 
his arrival in the bay or harbor of Mobile, to pay the first 
pilot who offered his services outside the bar, and exhibited 
his license as pilot, if demanded by the master, one-half 
the rate of pilotage allowed a vessel of such draught. 

§ 913. The master of a vessel in readiness to leave, must, ^^nl "o be 
if practicable, give notice to the pilot who conditcted his piio^ '° 
vessel in, of his intention to leave. Where j^ersonal notice 
cannot be given the following is a substitute : vessels lying 
in the lower bay must hoist a jack at the foremast head 
twenty-four hours before leaving. All vessels going down 
from Mobile shall bring the north end of Dauphin island 
to bear west before they are allowed to employ any other 
pilot or pilots than those who conducted them in. 

^ 914. If the master of a vessel retain a pilot on board ^^7 "''1?''°' 

«J -L detained. 

of his vessel, the wind and weather permitting her going to 
sea, the pilot is entitled to receive three dollars per day for 
every day he is so detained. If any master of a vessel 
carries off a pilot from the bay or harbor of Mobile, he f^lla^ °"' 
must pay such pilot two dollars per day for every day he is 
absent, and supply him with such provisions as is usual for 
the maintenance of masters of vessels, and the master, as 
well as the owner, is liable for the same ; but if such 
vessel has laid to for the space of four hours after crossing 
the bar, and no pilot boat appear to receive such pilot on 
board; no such claim shall be allowed. 



362 APPENDIX. 



^e'^'s'ercrois- § ^^^- Whenever a vessel is crossing over, or is inside 
wit'hout^'^'^ either of the bars of the hay or harbor of Mobile, it is at 
'"'°'' the option of the master to take or refuse a pilot. If the 

master requires a pilot he must indicate it by a signal, and 
the nearest pilot boat must furnish a jjilot, and the ]>ilot so 
officiating is entitled to one-half the rate of jjilotage allowed 
for a vessel of such draught. 

Any pilot refusing to board a vessel, whenever required 
as aforesaid, must be deprived of his license, and forfeits 
one hundred dollars. 

§ 916. It is the duty of every outer bay pilot to deliver 
to the master of any and every vessel approaching the bay 
or harbor of Mobile, as soon as he can board such vessel, 
all letters which may be sent to him for that purpose, on 
the person who requires the delivery of such letters paying 
or securing to the pilot the sum of forty dollars for such 
service, unless the pilot so employed to deliver letters is 
engaged as pilot for the vessel, in which event he is entitled 
to five dollars for the service. 
piio'tage. § 917. The master, "owner or consignee of every ship or 

vessel, must pay the pilot who conducts a vessel into or 
out of the bay and harbor of Mobile at the following rates, 
for the actual draught of Avater of such vessel at the time of 
pilotage, viz : 

On every vessel crossing the outer bar of Mobile bay 
drawing not more than ten feet water, two dollars and fifty 
cents per foot ; on every vessel drawing ten, and not ex- 
ceeding twelve feet water, two dollars and seventy-five 
cents, 23er foot ; on all vessels drawing more than twelve 
Act 1858, feet, and not exceeding fourteen feet, three dollars per foot ; 
and on all vessels drawing more than fourteen feet water, 
four dollars and fifty cents per foot. On all vessels crossing- 
Dog river bar, of whatever draught of water, one dollar and 
fifty cents per foot. 
Penalty for S 918. If auy mastcr of a vessel or water craft of any 

throwing , . . , • i i _r 

ballast into dcscription, throws, causes, or permits to be thrown irom 

bay of Mo- '■ ' ' ' -^ . 

'^''e. on board such vessel or water craft, into the waters of the 

bay or harbor of Mobile, or within three miles of the out- 
side of the outer bar of the harbor, any stone, gravel or 



PILOTAGE REGULATED. 363 

other ballast, he forfeits a sum not less than one thousand or 
more than two thousand dollars for every such offense, and 
may be imiDrisoned, not exceeding three months, at the dis- 
cretion of the court. One-half the forfeiture to be paid to 
any one who first gives information of the offense to the 
commissioners, and the other half to the use of the com- 
missioners. 

^ 919. Upon the commissioners receiving satisfactory Pi-oceedings 

<-'-'- " •' to recover 

CAddence of the offense specified in the preceding section, '^^ penalty, 
they must proceed to recover such forfeiture by j^rocess of 
attachment in the name of the State, which may be issued 
as other attachments, on the oath of the informer, and be 
levied on the vessel from which the offense was committed. 
The vessel may be replevied by the master, owner, or con- 
signee, by giving bond payable to the State, in treble the 
amount of the penalty, with condition to have the vessel 
forthcoming, to satisfy such judgment as may be rendered 
in the suit. 

5 920. Every pilot having knowledge of the commission PHot to re- 

f, ^ rp •r-i'i'^ I- • P""^' '^Sender 

of the offense specified m the two preceding sections must, 
as soon as practicable thereafter, give information thereof 
to the commissioners, and failing so to do, must be deprived 
of his license, and be forever thereafter disqualified for the 
office of pilot of the bay or harbor of Mobile. The south- 
ern boundary or limit of the bay or harbor of Mobile is 
hereby declared to be the bar known as the outer bar, about 
two miles to the southward of Dauphin island. 

^921. All branch pilots are appointed by the commis- ,^""f^ p^- 

•j J- 1 1 J lots, how ap- 

sioners, and whenever a vacancy occurs in a branch, the vomie.A. 
person who has served the longest time as an a2:)prentice, 
must, if deemed competent by the commissioners, be ap- 
pointed to such vacancy ; but no person can hold a branch 
who is not engaged in piloting. 

S 922. When any pilot boat, belonging to a different Fee to boat 

., , , , , ' ., ° f , taking pilot 

pilot than the one who may nave conducted a vessel out to off- 
sea, takes such pilot off from such vessel, such pilot boat is 
entitled to one-third of the pilotage. 

^ 923. The board of commissioners are herebv authorized Fines, how 

. . . . " sued for. 

in their own names, as commissioners, or in that of their 



364 APPENDIX. 



cliairman as such, to sue for, and recover to their own use, 
any forfeiture which may accrue under this chapter, which 
is not otherwise specifically appropriated. 
^oJTJJl'To § ^'^^- ^^^^ commissioners must preserve in a well bound 
cord of Their ^00^5 a rccord of all their acts, and of the rules and regu- 
proceeciings. j^^JQ^g adoptcd by them, for the direction and government 
of the pilots. They must designate one of their number 
as chairman, and cause a record thereof to be made, and 
prescribe such fees for the services of the pilots, and impose 
such fines and penalties not inconsistent with the provisions 
of this chapter, as they may deem expedient. They must 
also jDreserve, upon record, a list of all persons aj^pointed 
pilots by them, as well as of those whom they may declare 
to have forfeited their license. All persons interested must 
have access to and be permitted to take copies of the records, 
and copies thereof, certified by the chairman, are presump- 
tive evidence of the facts stated therein. / 
affidavits to § ^-•^- They must preserve on file all bonds and aflidavits 
be filed. taken from pilots, and may, whenever they consider it ne- 
cessary, require a new bond to be executed. 
Their office. g 926. They must keep their oflice in some suitable 
place, of which the public shall have notice, and may keep 
their books and papers in the oflice of the probate judge. 
Who may R 027. Tlic bouds aforcsaid stand as a security for any 

sue on pilot s o ./ ^ 

bond. injury caused by the negligence, or want of skill of the 
pilot, and may be put in suit in the name of any person 
aggrieved. 
asTumV^to § 928. Any person undertaking to act as pilot without 
ficenle!'""' ^ Hccnse as required by the provisions of this chapter, or 
after he has been notified by the commissioners that his 
license has been revoked, is guilty of a misdemeanor, and, 
on conviction, must be fined not less than one hundred 
dollars. 

§ 929. The fees of the commissioners for services ren- 
dered are as follows : for every license granted, ten dollars ; 
for taking and filing bond and affidavit, one dollar ; giving 
copies from records for each hundred words, twenty cents ; 
certifying the same, fifty cents. 



FIRST VOLUNTEER REGIMENT. 365 

AN ACT for the more effectual preservation of the Arms of the State, in 
charge of the First Volunteer Regiment of Alabama Militia, and for 
other purposes. 

Section 1. Be it enacted by the Senate and House of 
Re2)resentatives of the State of Alabama, in General 
Assembly convened, That it shall be lawful for the com- 
missioned officers of the First Volunteer Eegiment to ap- Armorer to 
point an armorer for said regiment, whose duty it shall be, 
under the direction of said officers, to repair and keej) in 
good order the said arms, and all others that may be con- His duty. 
fided to his charge. The said armorer shall be removable 
by said officers at their pleasure, and shall receive such sum 
for his services as they shall direct, to be paid out of a fund 
to be raised in a manner hereinafter provided. 

Sec. 2. And be it further enacted, That every person persons in 
residing in the city of Mobile and not a member of said empt from 
regiment, who is or shall be liable to militia duty, may be ITpon'oondi- 
exempt therefrom, on the payment of two dollars annually 
to the armorer or collector of said regiment, for which sum 
he shall receive a certificate from under the hand of the 
colonel of said regiment, which shail exempt the person to 
whom it is granted from all service in the militia, except in 
cases of invasion, insurrection, war or draft ; provided, 
that each person so exempt from ordinary militia duty, 
shall continue regularly enrolled. 

Sec 3. And be it further enacted, That it shall be the officers to 
duty of the officers of said regiment, to report annually to am^lo gov"" 
the governor of the State the amount which shall have been '^™°^' 
collected under this Act, and if there is any excess over 
paying the expenses of said armory, it shall be approjOTated 
in such manner as the officers of said regiment shall direct : 
provided, that no appropriation shall be made out of said 
fund, other than the expenses of said armory, without the 
approbation of the governor of the State. 

Sec. 4. And be it fm-ther enacted, That it shall be the command- 
duty of the commanding officer of the regiment to furnish make annual 
annually the adjutant-general of the State with a correct j"t'int-gene- 
roU and report of the strength and condition of his com- 
mand, and shall also furnish the quarter-master-general a 



166 APPENDIX. 



return of the arms of every description in possession of his 
regiment, before the first day of each and every year, and 
that said regiment may hold not exceeding four regimental 
musters or parades in each year, and an encampment for 
military instruction and review, of not less than three, nor 
more than four consecutive days, at such time and place as 
the commanding officer may designate, said encampment to 
be conducted on military principles, and the commanding 
officer of said regiment shall not be required to obey any 
orders not emanating from the governor of the State, ex- 
cept when ordered to assemble by the sheriff or the civil 
authorities of the county and city of Mobile, to suppress 
riots or other disturbance of the public peace : provided, 
it shall be the duty of said regiment to attend one insi^ec- 
tion and review, at such time and place as the major or 
brigadier-g'^neral may ajipoint. 
of^mTnbors ^^*^- ^- ^'^'^^ ^^ it fuvtlier encicted, That the officers and 
unfeer'Rei"- members, and their successors, of said regiment, be, and the 
™'^"'' same are hereby exempt from all jury duty in the county 
of Mobile, so long as they continue to be active members of 
said regiment, to ascertain which it shall be the duty of the 
commanding officer of each company to furnish the adjutant 
of said regiment, by the first Monday of February, annu- 
ally, a full and correct roll, certified upon honor, of the 
strength and condition of his command, and said adjutant 
shall consolidate the same, and furnish a copy of said re- 
ports to the clerks of the circuit and county courts of 
Mobile, on or before the first of March in each year. 
paid^finls""" ^^c. 6. And he it further enacted, That when a court- 
martial shall impose a fine on any officer of said regiment, 
which cannot be collected, it shall operate as a sus2:)ension 
of said officer, till the fine shall be paid. 
Condition of ^ec. 7. And he it further enacted. That no company in 

exemption " \ . . 

acoording to g^id re2;iment shall be exempt, according to the provisions 

this Act. ~ 1 7 o J- 

of this Act, having less than forty rank and file members, 
or more than sixty, with the requisite number of legal com- 
missioned officers, and that any company or companies at- 
tached to this regiment, not complying with the provisions 
of this Act, shall be disbanded. 



^48th, 94th and 95th regiments. 367 

Sec. 8. And be it further enacted, That all laws and^^P'^^- 
parts of laws contravening the provisions of this Act, be, 
and the same are hereby repealed. 

Approved January 15th, 1844. 



ment. 



AN ACT to divide the Forty-Eighth Regiment, Alabama Militia. 

Section 1. Be it enacted by the Senate and House o/^sthresi- 
Representatives of the State of Alabavia, in General Js-ed,andho^v. 
sembhj convened, That the forty-eighth regiment of the 
Alabama militia, in the county of Mobile, shall be divided 
into three regiments, in the following manner, viz. : 

All that part of the city of Mobile lying west of Frank- f}^^^^^'- 
lin street, to form the forty-eighth regiment. 

All that part of the city of Mobile lying north of Dau- ^^^'^t^^=^- 
phin sti-eet, and east of Franklin street, to compose the 
ninety-fourth regiment. 

And all that part of the city of Mobile, south of Dau- s^^th regi- 
phin street, and east of Franklin street, to constitute the 
ninety-fifth regiment. 

And that the two new regiments hereby created shall be 
attached to the ninth brigade, and fourth division, of Ala- 
bama militia, and shall be organized as it is now provided 
by law. 

Sec. 2. And be it further enacted, That it shall be the 
duty of the brigadier-general of the ninth brigade, fourth 
division, of the militia of this State, to detail a brigadier 
court-martial to convene in the city of Mobile, within sixty 
days after the passage of this Act, and that the said court- 
martial is hereby required to divide the said forty-eighth regi- 
ment, in manner and form as in this Act above specified. 

Approved January 21st, 1845. 



AN ACT for the better orsanization of so much of the Fom'th Division, 
A, M., as lies within the Citj' of Mobile. 

Section 1. Be it enacted by the Senate and House of 
Representatives of the State of Alabama, in General As- 
sembly convened, That from and after the passage of this 



368 APPENDIX. 



Act, there shall take place anniially, within the bounds of 
the city of Mobile, whether of militia or volunteers, at such 
time and place as the commandant of the proper division 
shall order, a training and review of all the troops and 
companies attached to such division within said city, which 
organiza- trainino' and review shall be attended bv all commissioned 

turn ol the ~ " 

4th division g^j^f[ non-commissioned officers of the line and field ha^^n2; 

Alabama o 

Miutia. command within said corporate limits, twenty days' notice 
of which shall be given in writing to the commandant of 
the brigade, and the commandant of the First Volunteer Reg- 
iment ; fifteen days' notice by the commandant of the brig- 
ade to the commandants of regiments ; thirteen days' notice 
by them (and by the commandant of the First Volunteer 
Eegiment) to the commandants of battalions ; ten days' not- 
ice by them to the commandants of troops and companies, 
and by them to other officers, musicians, and privates, seven 
days' notice by advertisement through a newspaper, or in 
writing, to be stuck uj) at the usual muster ground, and at 
three principal public places within the bounds of the 
company. 

Approved January 25th, 1845. 



porate. 



AN ACT to incorporate the Mobile Hook and Ladder Company, No. 1, and 
Fire Companies No.s. 3, 6 and 7, of tlie city of Mobile. 

Section 1. Be it enacted hy the Senate and Hotise of 
Representatives of the State of Alahama,in General Assem- 
bly convened, That John Shannon, Isaiah F. King, Isaac 
B. Collins, Philip Dougherty, and their associates, be and 
they are hereby incorporated by the name and style of the 
Body cor- i^ Mobile Hook and Ladder Company, No. 1," and that Wil- 
Ham J. Fairies, John C. Ayres, E. A. Taber, and their asso- 
ciates be, and they are hereby incorporated by the name and 
style of " Franklin Fire Company, No. 3, of tlie city of 
Mobile ;" that Charles J. Shreve, James Elder, John Cotch- 
ett, and their associates, be and they are hereby incorpo- 
rated by the name and style of " The Phoenix Fire Com- 
pany, No. 6 ;" that Frederick J. Chartrcs, William J. Pry- 



FIRE COMPANIES. 369 



ers, Josiah J. Brown, and their associates, be and they are 
hereby incorjoorated by the name and style of " Mechanics' 
Fire ComjDany, No. 7, of the city of Mobile," and by their 
respective names and styles, the aforesaid companies are 
hereby authorized and empowered to sue and be sued, to ^o^ers. 
plead and be impleaded, to have, hold, occupy, possess and 
enjoy, each and severally, goods and chattels, lands and 
tenements, of the value of twenty thousand dollars, each 
company to adopt a common seal, and the same to alter 
and renew at pleasure, and each company to make such by- 
laws, rules and regulations, for the proper organization and 
good government of the said companies respectively, not 
inconsistent with the Constitution and laws of the United 
States, and of the State of Alabama, and the provisions of 
this Act of Incorporation, as they may deem proper. 

Sec. 2. And he it further- enacted, That the Hook and?"?'^^"d 

•^ ^ Ladder Cora- 

Ladder Company, ISTo. 1, shall consist of not more than oiieP^"^'^'°-^- 

hundred active members ; shall keerp in efficient order a 

sufficient number of ladders, ropes, hooks, chains, axes, and 

such other apparatus as they may require for service at 

fires, and one or more good and substantial wagons or trucks, 

for the carriage of apj)aratus. 

Sec. 3. And he it further enacted, That the Franklin no. s. 
Fire Company, No. 3, shall consist of sixty-five members, 
and no more ; that the Phoenix Fire Company, No. 6, shall no. e. 
consist of eighty members, and no more ; that " The Me- 
chanics' Fire Comj)any, No. 1," shall consist of seventy-five no. 7. 
members, and no more. That each of the aforesaid compa- 
nies shall be required to keep in good order one fire engine, 
with the apparatus necessary, and shall be subject to the 
same government and control that any other fire companies 
in the city of Mobile are now subject, by any previous Act 
of the legislature, for the incorporation of the same ; and 
that when either company shall have ready for service two 
fire machines with apparatus, the number of members of 
such company maybe extended to one hundred and no more. 

Sec. 4. And he it further enacted, That the members Exempt 

n -\^ ^ • 1 • -I • ^ r- • /• i • '^"^ militia 

01 ail the companies designated m the first section ot this duty, &c. 
Act, shall be exempt and are hereby exempted from militia 



370 



APPENDIX. 



Cliarter, 
how forfeit- 
ed. 



duty, road tax, performance of jury duty as grand or 
petit jurors in the circuit or county courts of Mobile 
county, so long as they continue to perform the duties 
of firemen under this Act, and that any member who 
shall have served five consecutive years in any fire company 
in Mobile, without an intermission of over three months, or 
who shall have been disabled in the ^performance of duty, 
as such, shall be constituted an " exempt fireman," and as 
such, entitled to all the privileges and immunities of active 
members of the companies. 

Sec. 5. And he it further enacted, That whenever either 
of the above companies shall habitually neglect the perform- 
ance of their duty as firemen, or violate the provisions 
of this charter, it shall be the duty of the solicitor of 
the tenth judicial circuit, to cause a scire facias to be 
issued, calling upon such comj^any to show cause why their 
charter should not be declared forfeited, which writ shall 
be made returnable to the circuit court of Mobile county, 
and if such company shall be found guilty of such habitual 
neglect, the said court shall declare their charter to be for- 
feited. 

Sec. 6. And he it further enacted, That when any fire 
company, or companies, now or hereafter to be organized in 
the city of Mobile, shall have comjilied with the requisi- 
tions of the third section of this Act, and shall have 
reported to the mayor and aldermen of the city, and chief 
engineer, or head of the fire dej^jartment, and been accejjted 
and approved by them, tlieir certificate to that efieet shall 
entitle said company, or companies, to all the benefits, and 
sul:)ject them to all the liabilities of this Act of Incorporation. 

Sec. 7. And he it further enacted. That in order to 
enable each and all of the several fire companies of the city 
of Mobile, to enjoy the full benefit of all the Acts passed in 
their favor, the foreman of each company shall, quarter 
yearly, hand into the mayor's ofltice and to the sherift' of 
the county of Mobile, a true statement of the names and 
number of each company, on oath ; and it shall be the duty 
of the clerk of the city to file the same in his ofiice ; and 



New com- 
panies. 



FIRE COMPANIES. 371 



it shall be the duty of the sheriiF to prevent the said names 
from being placed in any of the jury boxes of said county. 
Approved, December 9th, 1841. 

Persons belonging to Fire Engine Company, Number Two, 
in the city of Mobile, were exempted from serving and per- 
forming militia duty in this State, except in time of war, 
invasion or insurrection, (not exceeding thirty-six mem- 
bers. 

December 31st, 1822. 

The members of Neptune Fire Company, numbered one 
and two, of the city of Mobile, were exempted from militia 
and patrol duty, except in case of actual rebellion or inva- 
sion, and the commissioners of roads were authorized to 
exempt them from road tax, if they deem the same expe- 
dient. 

December 24th, 1824. 

The privileges and immunities heretofore granted to 
members of Neptune Fire Companies, Number One and Two, 
in the city of Mobile, were extended, to the hook and ladder 
company of said city, (not to exceed twenty-five in num- 
ber). 

January 27th, 1827. 

The members of Fire Engine Company, Number Two, of 
the city of Mobile, were exempted from the performance of 
jury duty, and the payment of road taxes within Mobile 
county, (not to exceed the number of fifty men. 

January 15th, 1831. 

Fire Engine Company Number Two were authorized 
to have seventy members exempt, as in the last Act. 
January 10th, 1833. 

Franklin Fire Engine Company, Number Three, of the 
city of Mobile, were granted the privileges of the Act of Jan- 
uary 15th, 1831, (not to exceed the number of forty men.) 

January 11th, 1834. 

The captain of Perseverance Fire Company, Number One, 



372 



APPENDIX. 



of the city of Mobile, and liis successors in office, were ex- 
emjDted from the performance of jury duty, and the pay- 
ment of road taxes, in the county of Mobile. 
January 16th, 1834. 



AN ACT to Incorporate a Fire Engine Company, therein named, 

J°J;°''P°''^- Section 1. Be it enacted by the Senate and Hoiise of 
Bepresentatives of the State of Alabama, in General As- 
sembly convened, That B. F. Franklin, James B. Eich, 
James C. Chamberlain and associates be, and are hereby 
incorporated by the name and style of the Merchant's Fire 
Company, No. 4, of the city of Mobile, and by that name 
and style they are hereby authorized and emj^owered to sue 
and be sued, to plead and be impleaded, to have, hold, oc- 
cupy, possess and enjoy, each and severally, goods and 
chattels, lands and tenements, of the value of twenty thou- 
sand dollars, to adopt a common seal, and the same to al- 
ter and renew at pleasure, and to make such by-laws, rules 
and regulations, for the proper organization and good gov- 
ernment of the said company, not inconsistent with the 
constitution and laws of the United States, and of the State 
of Alabama, and the provisions of this Act of Incorjxiration, 
as they may deem projoer. 

Company to ggc. 2. And bc it further enacted, That the said com- 

consist of •' ' 

100 members pany may consist of one hundred members and no more, 
who shall be admitted under such rules and regulations as 
said company may adopt, whenever the number of mem- 
bers shall be less than one hundred, or there shall occur 
any vacancy in the same. 

Sec, 3. And be it further enacted. That the said com- 
j)any shall be required to keep and maintain in order for 
use, two separate engines, with the apparatus belonging to 
the same, and shall be subject to the same control and gov- 
ernment that any other fire company in the city of Mobile 
is now subject to, according to any previous Act of the 
general assembly for the corporation of the same. 

Sec. 4. And be it further enacted, That the members 
of the company designated in the first section of this Act, 



FIRE COMPANIES. 373 



shall be exempt, and are hereby exempted from militia 
duty, road tax, performance of jury duty as grand or petit 
jurors, in the circuit or county coai'ts of Mobile county, so 
long as they continue to perform the duties of firemen un- 
der this Act, and that any member who shall have served 
five consecutive years in any fire company in Mobile, with- 
out an intermission of over three months, or who shall have 
been disabled in the performance of duty as such, shall be 
constituted an " exempt fireman," and as such entitled to 
all the privileges and immunities of active members of the 
company. 

Sec. 5. And he it further enacted, That whenever the 
above company shall habitually neglect the performance of 
their duty as firemen, or violate the provisions of this char- 
.ter, it shall be the duty of the solicitor of the tenth judicial 
circuit, to cause a scire facias to be issued, calling upon 
said company to show cause why their charter should not 
be declared forfeited, which writ shall be made returnable 
to the circuit court of Mobile county ; and if the said com- 
pany shall be found guilty of such habitual neglect, the 
said court shall declare their charter to be forfeited. 

Sec. 6. And he it further enacted. That all the powers Privileges, 

. . "^ , -■■ how enjoyed. 

and privileges granted to the Merchant's Fire Company, 
Number Four, may be enjoyed by each of the fire companies 
of the city of Mobile, uj)on their complying with the same 
rules and regulations which govern said comj)any. 
Appeoved December 24, 1838. 

Fire wardens in the city of Mobile are exempted from 
jury duty, in Act February 9th, 1839. 



To Incoi-porate the Torrent Fire Engine Company, Number Five, of the 
City of Mobile. 

Section 1. Be it enacted hy the Senate' and House of 
Representatives of the State of Alahama, in General As- 
semhhj convened, That George Bancroft, Charles Berry, 
John Franklin, G. Kimball, William Pitt, Isaac S. Davis, 
John Kiley, and their associates be, and they are hereby 



874 



APPENDIX. 



Name and 
style. 



Number in 
company. 



Duty. 



incorporated by tlie name and style of the Torrent Fire 
Engine Company, Number Five, of the city of Mobile, and 
by that name and style they are hereby authorized and em- 
powered (same as 1st section of Act December 9th, 1841, to 
incorporate Hook and Ladder Company No. 1, and Fire Com- 
panies No. 1, 3, 6 and 7.) 

Sec. 2. And he it fur-ther enacted, That the said com- 
pany shall consist of not more than sixty-five members, 
who shall be admitted under such rules and regailations as 
said company may adopt, wlienever the number of members 
shall be less than sixty-five, or there shall occur any va- 
cancy in the same. 

Sec. 3. And be it further enacted, That the same com- 
pany shall be required to keep and maiatain in good order 
for use, at least one fire engine, with the apj)aratus belong- 
ing to the same, and shall be subject to the same control 
and government that any other fire company in the city of 
Mobile is now subject to, according to any previous Act of 
the general assembly for the incorporation of the same. 

Sec. 4. (The 4th section of Act December 9th, 1841, 
includes this, and gives greater privileges). 

Sec. 5. (The same as the 5th section of Act December 
9th, 1841.) 

Sec. 6. (The 7th section of Act December 9th, 1841, 
enlarges this. 

Approved December 1st, 1840. 



AN ACT to raise a Fund for the Benefit of the Fire Companies in the City 
of Mobile. 



Not to take 
or receive 
premiums. 



Section 1. Be it enacted by the Senate and House of 
Eepresentatives of the State of Alabama, Jn General As- 
sembly convened. That from and after the passage of 
this Act, it shall not be lawful for any insurance company, 
not chartered by the legislature of this State, to take or 
receive any premium within the county of Mobile, against 
fire, or any marine or river risk, or to open an ofiice in the 
city of Mobile, unless such insurance company first pay 



FIRE DEPARTMENT ASSOCIATION. 375 

into the Alabama Life Insurance and Trust Company, the 
sum of two hundred dollars, and a like sum on the expira- 
tion of twelve months, and annually thereafter, so long as 
they may continue to take or make insurance, or open an 
office for that purpose. 

Sec. 2. And be it further enacted, That the money sof^°"a7'° 
deposited shall inure to the use and benefit of the several 
fire companies in the city of Mobile, and such as may here- 
after be organized, to enable the fire department to reward 
superior skill and exertion in the members, to jorovide for 
those who may become sick or disabled in the discharge of 
their duties as firemen, or their families. 

Sec. 3. A^id be it hirther enacted, That all moneys de- Moneys to be 

•' ^ -^ drawn; 

posited as aforesaid shall and may be drawn for the above 
purpose, by the fire department of the city of Mobile, un- 
der such rules and regulations as they may establish. 

Sec. 4. And be it further enacted, That all insurance v^Ji.a Jin/"'' 
companies violating the provisions of the first section of'"''^'^'- 
this Act, shall forfeit to the Alabama Life Insurance and 
Trust Company, the sum of one thousand dollars, to be re- 
covered against the comj^any so violating the provisions 
aforesaid, or their agents, by suit brought in the name of 
the said Alabama Life Insurance and Trust Company. 

Sec. 5. And be it further enacted. That all sums so re- Moneys re- 

'' ' ceivecl, now 

ceived by the Alabama Life Insurance and Trust Company, disposed of. 
after deducting the cost, shall be passed to the same fund, 
and for the use of the fire company as aforesaid, and for 
the purposes expressed in the several sections of this Act. 
Appkoved January 30, 1839. 



AN ACT to Incorporate the Fire Department Association of Mobile. 

Section 1. Be it enacted by the Senate and House of 
Representatives of the State of Alabama, in General As- 
sembly convened, That John F. Pazles, B. Tardy, dele- 
gates from Engine Company Number One, Alexander Wat- 
son, jr., Louis BuUard, and W. P. Hammond, delegates Delegates 
from number two ; Eobt. M. Parker, Samuel M. Todd, '°'^°''p°'"^'® 



376 



APPENDIX. 



Name and 
stvle. 



and William J. Farris, from number three ; Geo. Wood- 
ward, Jacob S. Marsli, and Ezekiel Salomon, from number 
four ; James F. Hutchisson, Geo. Bancroft, and Isaac Da- 
vis, from number five ; Clias. S. Shreeve, F. A. Fankers- 
ley and Thos. A. G. T. Hamilton, from number six ; A. 
W. Bar, James Cowley and William J. Fryers, from num- 
ber seven ; and John Kennedy, John Shannon, and James 
Battel, from Hook and Ladder Company, Number One, of 
the city of Mobile, and their successors and associates be, and 
they are hereby constituted and declared a body corporate, 
in deed and in law, by the name and style of " The Fire 
Department Association of Mobile," and by that name 
shall have full power and authority to have and use a com- 
mon seal, and the same to break, alter and renew at plea- 
sure, to sue and be sued, to plead and be impleaded, answer 
and be answered unto, in all claims whatsoever ; and also 
to make, pass and adopt all such rules, regulations and by- 
laws, for the proper and better organization of their said 
association, as they may deem wise and expedient : pro- 
vided, the same shall not be repugnant to, or inconsistent 
with the constitution and laws of the United States, or of 
the State of Alabama, or of the provisions of this Act of 
Incorporation. 

Sec. 2. And he it further enacted, That the said asso- 
ciation or body corjDorate shall be, and they are hereby au- 
thorized and empowered to hold property and estate, both 
real and personal, and to make purchases thereof ; also to 
accept and receive all gifts, grants, donations, offerings, 
privileges and immunities whatsoever, which have been, or 
may hereafter be granted and made to said association, or 
for their use and benefit, or which hereafter may be con- 
veyed or transferred to them, and to sell, alien, dispose of, 
transfer and convey away the same : 2^'fO'vided, that the 
entire property and estate, both real and personal, so by 
them at any one time held, shall not exceed the value of 
thirty thousand dollars. 

And he it further enacted, That no misnomer of the said 
association or body corporate, shall defeat, annul, or make 
void any sale, gift, grant, devise or bequest to the same : 



Power to 
hold proper- 
ty. 



Rights 
secured. 



FIRE DEPARTMENT ASSOCIATION. 377 

provided, the true intent and meaning of the parties there- P''°^i2°- 
to shall sufficiently appear upon the instrument of sale or 
conveyance, gift, grant, or other writing,"' whereby any 
property, estate or interest, was intended to pass to said 
" Fire Department Association of Mobile," hereby incorpo- 
rated. 

Sec. 4. And he it further enacted, That all the rights, ll'^^.^lZf 
powers, privileges and benefits given and granted to the p"^^"'''^^- 
fire companies of the city of Mobile," (and to the Ala- 
bama Life Insurance and Trust Company of Mobile) or to 
either of them, by an Act of assembly, entitled, " An Act 
to raise a fund for the benefit of the fire companies of the 
city of Mobile," approved January thirtieth, one thousand 
eight hundred and thirty-nine, be, and the same are hereby 
transferred to, and vested in the said " Fire Department 
Association of Mobile," hereby incorporated, for the benefit 
of the several fire companies of the city of Mobile, now 
in existence, or which may hereafter be organized for the 
uses and purposes in said Act of one thousand eight hun- 
dred and thirty-nine, provided and set forth. 

Sec. 5. And he it further enacted. That nothing in i^«*'"«t'°°- 
this Act contained, shall be construed as to give to said 
association the right or privilege to exercise or carry on any 
banking business of any kind, form or nature whatsoever. 

Approved 14th February, 1843. 



378 APPENDIX. 



ACTS, CORRESPOXDEXCE AND COXTRACTS, 



lOEILE CITY WATER-WOEKS 



"A SCHEDULE OF THE PAPEES."* 

1. An Act to incorporate an Aqueduct Com- 5. Resolutions of the Mayor and Aldermen 

panv in the City ol'Mobile, passed Dec. of the City of Mobile. 

20th. IS'iO. 6. Letter dated' New Orleans, January 29th, 

2. Articles of Aa:reement between "The ISSS. Albert Stein to Henry Hitchcock. 

Mayor and Aldermen of the City of Mo- 7. An Act for the promotion of the health 

bile, and Henry Hitchcock," dated De- and convenience of the City of Mobile, 

ccniber, 1st, lSo6. by the introduction of a supply of 

3. An Act to incorporate the "Mobile Aque- •wholesome AVater into said City, to be 

duct Company," passed December 25th, used for domestic purposes and the 

1837. extinf;uishnient of Fires, passed Janu- 

4. Letter dated Mobile, January 17th, 1S38. ary 7th, 1841. 

Henry Hitchcock to the Jlavor and 8. Act December 25th, 1S41. 
Aldermen of the City of Mobile! 9. Act February 4th, 1S46. (Part 133.) 

Dec. 20th, Whereas, it has been represented, tliat it would be of 
Preamble, singular advantage to the health and convenience of the city 
of Mobile, to be supplied with water from some of the run- 
ning sti'eams in its vicinity, which would be attended with 
too much labor and expense to be effected by laying a tax 
for the purpose ; and whereas it has also been represented 
that certain individuals have agreed to associate themselves 
together for the purpose of conducting a supj)ly of water 
from a creek called Three Mile creek, otherwise Bayou 
Chatogue, for the use of the citizens and other persons resid- 
ing in the city of Mobile ; therefore, 
Members of SECTION 1. Bc it euacted hy the Senate and House of 
tion. Representatives of the State of Alabama, in General Assem- 

bly convened, That Lewis Judson, Addison Lewis, Archi- 
bald N. Gordon, William H. Robertson, and Francis W. 

* These papers, except the Acts of the legislature passed in 184G, \verc furnished by Mr. 
Stein, to the author, in 1S46, \vhile he was a member of the board of aldermen. The copy of 
the contracts with Stein cannot be found in the city archives. There is a copy on record in 
the probate office of Mobile county. 



WATER-WORKS. 379 



Armstrong, tlieir heirs, executors, administr£*tors and 
assigns, be and they are hereby created and constituted a 
corporation and body politic, by the name and style of 
" The Mobile Aqueduct Company," and, by that name, corporation. 
they shall be, and are hereby made able and capable in 
laWj to have, purchase, receive, possess, enjoy and retain to^"^^''^- 
them and their successors, lands, rents, tenements, heredi- 
taments, goods, chattels, and effects of whatever kind, 
nature and quality, and the same to sell, grant, demise, 
alien, and dispose of ; to sue and be sued, plead and be 
impleaded, answer and be answered, defend and be defended, 
in any suit, action, matter or thing depending, in any court 
of law or equity, and also to make and have, and use a com- 
mon seal, and the same to break, alter and renew at their 
pleasure, and also to ordain, establish, and |3ut in exe- 
cution, such by-laws, ordinances, and regulations, as they 
shall deem necessary and convenient for the government of 
said corporation, and for the attainment of the object of its 
creation, not being contrary to the charter, or the laws of 
this State, or of United States, and generally to do, and to 
execute all and singular the acts, matters and things, which 
to them may appear necessary, or which to them it may 
appertain to do, as incident to bodies corporate under the 
restrictions before mentioned. 

Sec. 2. That the members of the said corporation be, ^^lloritiln! 
and they are hereby authorized and empowered, as soon as 
practicable, and by the best means in their power, and by 
the nearest practicable route, to dig or cause to be dug, a 
channel or canal sufficiently deep and wide to contain logs 
of an aqueduct size, with a caliber large enough to contain 
and conduct a sufficiency of water to supply the citizens 
and other persons of Mobile with water, and from time to 
time and at all times hereafter, during the continuance of 
this charter, to enter upon the route and course of the said 
canal, or ditch, as they may deem it necessary, for the pur- 
pose of laying, repairing, altering, or amending the said 
logs, canal or ditch, hereby declaring it lawful for the mem- 
bers of the said corporation, or any or either of them, their 
successors or assigns, or others employed by them for that 



380 APPENDIX. 



purpose, from time to time, as often as in their opinions it 
may be necessary, to enter upon the lands of any j^erson 
through which the said canal or ditch may pass, for the 
purpose of opening the said canal or ditch, and placing the 
logs therein, and from time to time, and at all other times 
thereafter, during the continuance of this franchise to 
re-enter as often as they may deem it necessary so to do, 
for the purpose of repairing the aforesaid canal or ditch, or 
replacing any logs that may be decayed, or otherwise 
Liability of. injured, they being liable and accountable to the legal 
owner or owners of the land through which the said canal 
or ditch may pass, for any special damages that may be sus- 
tained by reason of the aforesaid canal or ditch being dug 
and continued as aforesaid, which said damages shall be 
ascertained by appraisers, two of whom shall be chosen by 
said corj)oration, and two others by the owner or owners of 
said land ; and in case of difference, the said four ap- 
praisers shall choose a fifth appraiser or arbitrator, and 
the apjDraisement by them shall be conclusive on both par- 
ties as to the damage done : provided, nevertheless^ that the 
said canal or ditch shall not be dug through any lot or lots 
in the city, but shall be conducted along any of the streets 
thereof, as may be most practicable. 
Corporation Sec. 3. And he it furtTiev euacted hy tlie autlwrity ttfore- 
cius'ive priv- Said, That the said corporation, and their successors, shall 

ilege of sup- . ,.., ,.., n -y 

piyiiiKthe have and enioy the exclusive right and privilege ot conduct- 
city, for 40 . . ^ .-^ *^ . . , 

years. ing and bringing water for the suj^ply of said city, for the 
Proviiieri the spacc of forty years : provided, the said corporation, or 

watpr-works , inip ^ • • [• ^ 

become tiie tiicir successors, shall, beiore the expiration ot three years 

property of pi -a i i't 

the city, from the passage of this Act, cause to be conducted the 
water from the said bayou • or creek, to the said city of 
Mobile, in the manner hereinbefore proposed : and provided, 
cdso, that after the expiration of the said term of years, the 
said water- works shall become the property of the said city, 
and shall be for the free use of the inhabitants thereof, for- 
ever : provided, also, the said corporation shall not carry the 
canal or ditch through the land of any person or persons, with- 
out first obtaining from the owner, by purchase or other- 
wise, the privilege of doing so. 



WATER-WORKS. 381 



Sec. 4. A^id be it further enacted, That if any person f^^^jl^y ^°;^ 
whatsoever shall wantonly deface, remove, or otherwise '^°''''^- 
injure or disturb the logs placed in the aforesaid canal or 
ditch, pijDe or pipes of lead or other thing, that may lead 
from the logs aforesaid, or shall remove from above the said 
logs, any earth covering them, or shall obstruct or injure, 
by logs, bushes, earth or other materials, the water of the 
said creek, at any place between the source thereof and the 
place whence the water may be taken or conducted for the 
use of the said city as aforesaid, he, she or they so offend- 
ing, for every siich offense shall forfeit and pay the sum of 
twenty dollars, to be recovered by action of debt before any 
justice of the jjeace ; one half thereof shall go to the use of 
the said city of Mobile, and the other to the informer ; and 
moreover, such person shall be liable to pay also any par- 
ticular damage that may be sustained thereby, by the said 
corporation, and the informer is hereby declared a compe- 
tent witness to prove any injury done as aforesaid. 

Sec. 5. And he it further enacted, That it shall and ^^''^^^^l^^j^'^.' 
may be lawful for the said corporation and their successors, '^°°' 
to take, demand and receive from* every private family, a 
sum not exceeding one dollar per annum, for each and every 
person, including servants and children, of which said family 
may consist, in consideration of being supplied with water, 
as is in this Act provided ; and for each and every public 
house or tavern, the sum of twenty dollars, in addition to 
the sum demanded of a private family ; and for each and 
every private boarding-house, the sum of fifteen dollars, in 
addition to the rate or sum aforesaid, to be paid half yearly 
in advance : provided, that no person shall be obliged to 
pay for any time that the water may be stopped, whether by 
accident or otherwise, and a proportionable deduction shall 
be made for all such time as aforesaid : and provided, also, 
that no person shall be compelled to pay the sum or sums 
aforesaid, who does not use, directly or indirectly, the water 
conveyed to said city as aforesaid. 

Sec. 6. And he it further enacted. That it shall and ^^'■^"'si'es 

•z ' to corpora- 

may be lawful for the corporation aforesaid, and their sue- '^°"- 

cessors, to demand, tak^ and receive for each and every pipe 



382 



APPENDIX. 



or hogslieacl of water, conveyed to the city as aforesaid, 
which may he taken for the use of ships or vessels, any 
sum not exceeding seventy-five cents, and in like propor- 
tion for casks of smaller size. 
usTis wft'er ^EC. 7. Be it further enacted, That any person or per- 
uceuse.' SOUS, iuliahitauts of said city, who shall use the water 
conveyed to the city, as aforesaid, and shall not have de- 
clared his, or her, or their intention so to do, nor have paid 
the sum or sums by this Act authorized to be demanded 
and received, any such person so offending shall forfeit and 
pay double the sum he, she or they would have been liable 
to have j)aid by the previous provisions of this Act, to be 
recovered by action of debt, before any justice of the peace, 
to the use of said corporation and their successors. 
WpiaTed b°y Sec. 8. Be itfurtlter enacted, That the said corporation 
corporation. g|^^|^ ^^^ ^^^ ^^ cause to bc put Up at Icast six hydrants, 
in six of the most convenient places within the said city, 
and also shall fix a like number of convenient places for 
use in case of fire, which places shall be designated by the 
mayor and aldermen of said city, and the said hydrants 
shall be supplied with convenient and good cocks to facili- 
tate the drawing of the water. 
Penalty for ^y.c. 9. Be it fuvtlier enacted, That if any person or 

injuring •^ ' J X 

hydrants. j)ersons sliall wilfully cut, mutilate, or otherwise deface or 
injure the said hydrants, or any part thereof, he, she or 
they so offending, shall pay a fine of twenty dollars, recov- 
erable by action of debt, before any justice of the peace, 
for the use of the corporation aforesaid ; and if any person 
or persons shall carelessly or negligently leave the water 
running, or shall not stop the cock, for every such act, he, 
she or they (or if a child) his or her jmrent or guardian 
(or if a slave) his or her master shall pay for every such 
act of carelessness or negligence, the sum of two dollars, 
recoverable before a justice of the peace, at the suit of said 
corporation and to their use. 
Approved, Dec. 20th, 1820. 



WATER- WORKS. 383 



AN ACT entitled " An Act to Incorporate an Aqueduct Company in the 
City of Mobile, passed December 20th, 1820. 

Sec. 18. And he it further enacted, That the Act en- J,f ^^7.?"°" 
titled " An Act to incorjDorate an aqueduct company in the "'^''■' ^^"■*' 
city of Mobile, passed December the 20th, 1820, be, and TOmpIny in- 
the same is hereby declared null and void, the said com- revSked/"'^ 
pany having failed to comply with the requisitions of said Powers 

1 n 1 • 1 • •^ 1 • • • thereof 

Act, and all the rights, privileges and immunities, powers, transferred 

' . . . . ■*■ to the city of 

prerogatives and authority, which appertain to the said ^^oi^i'e. 
company by virtue of the aforesaid Act, are hereby- trans- 
feiTcd to, and vested in the corporation of the city of Mo- 
bile, for the use and benefit of the inhabitants thereof 
Approved Dec. 24th, 1824. 



^rtitles of ^crrectrrcnt, made and entered into the first Asreement 

*— ^ — ^' ' , between 

day of December, in the year one thousand eight hundred Hu"iLck 
and thirty-six, by and between " the mayor and aldermen o" Moifiie'To 
of the city of Mobile" of the first part, and Henry Hitch- t,^a?eT-works 
cock of the second part, witnesseth : ^'' ^''- ^^^^ 

That the said "mayor and aldermen of the city of Mo- 
bile," for and in consideration of the rents, covenants and 
agreements hereinafter contained, mentioned and reserved 
on the part and behalf of the said Henry Hitchcock, his 
executors, administrators and assigns, to be paid, kept, 
done and performed, have granted, leased, demised, and to 
farm let, and by these presents do grant, lease, demise, 
and to farm let unto the said Henry Hitchcock, his execu- 
tors, administrators and assigns. 

The entire use, control, management, rents, profits, is- 
sues, and euDollments of the " Mobile City Water Works," 
so called, embracing the ground at Spring Hill, where the 
fountain is situated, and the ground along which the pipes 
pass from the said fountain to the said city of Mobile, together 
with the use of all the wooden and iron pij^es and logs al- 
ready laid down, consisting of about sixteen thousand feet 
of three-inch caliber, and six thousand feet of six-inch cal- 
iber, as well as all the advantages which accrue to the said 



384 APPENDIX. 



" mayor and aldermen," from, by or imder an Act of the 
legislature of the State of Alabama, entitled, " An Act to 
incorporate an aqueduct comj^any in the city of Mobile, 
passed December 20th, 1820 ;" and all ordinances and res- 
olutions passed by the said " mayor and aldermen," under, 
and by virtue of the said Act, or by the Act incorporating 
the said city of Mobile, and the several Acts amendatory 
thereto, which in any way or manner relate to the said city 
" water-works." 

To have and to hold the above-mentioned and described 
premises, property and privileges, together with all and 
■ singular the appurtenances, unto the same belonging, or in 
any wise aj)pertaining unto the said Henry Hitchcock, his 
executors, administrators and assigns, from the day of the 
date hereof, for, during and until the full end and term of 
twenty years thence next ensuing, and fully to be com- 
plete and ended, yielding and paying therefore, unto the 
said mayor and aldermen of the city of Mobile, and to their 
successors in office, the rent, or sum of twenty-six thousand 
dollars, in payments, as follows, to wit : 

The sum of five thousand six hundred and sixteen dol- 
lars on the first day of December next ; the further sum 
of six thousand and thirty-two dollars, on the first day of 
December, 1838, thefurther sum of six thousand four hundred 
and forty-eight dollars, on the first day of December, 1839 ; 
the further sum of six thousand eight hundred and sixty-four 
dollars, on the first day of December, 1840 ; and the further 
sum of seven thousand two hundred and fifty dollars, on the 
first day of December, 1841. The first payment thereof to 
begin, and to be made on the first day of December, 1837; for 
which said several sums or amounts of money, the said mayor 
and aldermen hereby acknowledge that they have received pro- 
missory notes for the respective amounts above stated, and 
reserved with endorsers to secure the payment thereof, at 
the times above stipulated, which notes, when paid, will be 
in full for the rent aforesaid. And the said Henry Hitch- 
cock, for himself, his heirs, executors, administrators and 
assigns, doth hereby covenant and agree, to and with the 
said party of the first part, and their successors in office, 
that he will, during the said term hereby granted, well and 



WATER-WORKS. 385 



truly pay, or cause to be paid unto the said mayor and al- 
dermen, and their successors in office, the rent above re- 
served, at the times and in the manner and form herein 
above limited and appointed, without deduction, fraud or 
delay, according to the true intent and meaning of these 
presents. And further, that he will, during said term 
hereby granted, use and occupy the said premises and j)riv- 
ileges, in a careful and husband-like manner, without in 
any manner injuring or abusing the same (except to use 
and enjoy such part of the land and timber where the foun- 
tain is situated, as may be necessary for the alteration and 
repairing of the said " water-works.") And further, that he 
will, within the space of two years from the date hereof, 
put the said water-works in good and sufficient repair, so as 
to continue during the time hereby granted ; and will also 
keep up the said water-works in good order as they now 
are, until they shall so be placed in good order and repair, 
so that the said city of Mobile and the inhabitants thereof, 
may at all times be supplied with such quantity of good 
wholesome water, as may be procured through the said 
aqueduct. And further, the said Henry Hitchcock cove- 
nants and agrees as aforesaid to surrender up the said " wa- 
ter-works" and all the appurtenances thereto belonging, 
unto the said mayor and aldermen, or their successors in 
office, in good order and condition, at the expiration of the 
said term of twenty years from the date hereof, they, the said 
mayor and aldermen, or their successors in office, paying to 
the said Henry Hitchcock, his executors, administrators or 
assigns, the amount which the said " water- works" have 
actually cost him, the said Henry Hitchcock, his executors, 
administrators or assigns, during said tenn of twenty 
years. 

And further, the said Henry Hitchcock covenants and 
agrees at all times during the said term, to suffer and per- 
mit the said mayor and aldermen of the city of Mobile, and 
their successors in office, to use at least two hydrants to 
each square within said city, where there are pipes laid 
down, as may be necessary for washing streets, and take 
therefrom as much water as may be necessary therefor, and 



386 APPENDIX. 

in case of a conflagration or fire of buildings, as niucli wa- 
ter as may be necessary from any and all parts of the said 
" water-works." And the said mayor and aldermen of the 
city of Mobile, for themselves and their successors in office, 
hereby covenant and agree (he, the said Henry Hitchcock, 
well and truly complying with all and singular the forego- 
ing stipulations and agreements on his part to be done, per- 
formed, and complied with) that he and his heirs, execu- 
tors, administrators and assigns, shall and may retain the 
quiet possession of the said " water- works" and their appur- 
tenances for the said term of twenty years, without let, 
molestation and hindrance of the said mayor and aldermen, 
or their successors in office, or any person or persons claim- 
ing by, through or under them. And that the said Henry 
Hitchcock, his executors, administrators and assigns, shall, 
during the said term of twenty years, have the exclusive 
privilege of furnishing to the citizens and inhabitants of the 
city of Mobile, water from the aqueduct or water- works 
aforesaid, at a sum or price which shall at no time be less 
than the following rates, to be paid by the person or per- 
sons receiving the same, and payable in advance : 

To wit : twenty dollars for each family of six persons ; 
first, for each person in private dwellings, including serv- 
ants (and persons from one to twelve years of age, to be 
estimated as two for one) two dollars per annum ; secondly, 
for retail grocery stores fifty dollars per annum, each ; 
third, for grocery stores where liquor is not retailed in quan- 
tities less than one quart, twenty-five dollars per an- 
num ; fourth, for dry-goods stores without 
twenty dollars each ; fifth, for liquor stores doing the 
business of drawing off and bottling wine and other liquors, 
one hundred dollars each ; sixth, for coffee-houses, one 
hundi-ed dollars each ; seventh, for oyster-houses, one hun- 
dred dollars each ; eighth, for confectioneries, fifty dollars 
each ; ninth, for a bath for a private family, five dollars 
each ; tenth, for a horse, three dollars each ; eleventh, 
for a carriage, three dollars each ; twelfth, for the use of 
ships, steamboats, vessels, and other water craft, per hogs- 
head of 120 gallons, fifty cents each hogshead ; thirteenth, 



WATER-WORKS. 387 



for manufactories, hotels, taverns, boarding-houses, steam- 
mills, tan-yards, brick-yards, soda shojjs, livery stables, 
jDublic baths, bakeries, dying, scouring and renovating es- 
tablishments, not enumerated, may be supplied at an an- 
nual (sjiarge, according to the quantity of water that may 
be required, on such terras as the parties may agree ; one 
hundred and twenty gallons for every twenty-four hours 
being estimated as the quantity consumed by a private 
family consisting of six grown persons, which said rates 
may be increased, raised and regulated by the said mayor 
and aldermen of the city of Mobile, or their successors in 
office from time to time, as may be deemed necessary and 
j^roper. And further, he, the said Henry Hitchcock, his 
executors, administrators and assigns, shall have the power 
to have, collect and receive from each and every person who 
shall take or receive water from the said water-works, the 
rates or prices per annum which may or shall be fixed and de- 
termined on by the said mayor and aldermen, or their succes- 
sors in office ; and further, shall have the power and au- 
thority to make such alterations and re23airs upon the said 
works, and to erect such new works, and in such a manner 
as he may deem necessary and proper, and may at will 
change the fountain head, and conduct the water from 
any part of- the Three Mile creek, so called, so that the 
same be good and wholesome, he, the said Henry Hitch- 
cock, j^rocuring at his cost the necessaiy ground for the 
reservoir or reservoirs, and that through which the pipes 
shall pass. 

And the said mayor and aldermen of Mobile, for them- 
selves and their successors in office, hereby further cove- 
nant and agree, that they will, at the expiration of the said 
term of twenty years, he the said Henry Hitchcock, his 
executors, administrators, or assigns, delivering up the said 
" water- works " and appurtenances in good order and 
repair, pay to him or them the actual cost and ex]ienses 
which he or they shall have laid out and expended and 
which may be put upon the said works by him or them, or 
any of them, either by reason of repairs, or addition to the 
present works, or by alterations or improvements made 



388 APPENDIX. 



upon the said water- works during the said teim of twenty 
years above stated. 

In testimony whereof the mayor of the said city of 
Mobile, in the name and by the authority of the said 
mayor and aldermen of the said city of Mobile hath here- 
unto set his hand and seal of office, and the said Henry 
Hitchcock hath hereunto set his hand and seal the day and 
year first above written. 



Dec. 25th, AN ACT to incorporate the Mobile Aqueduct Company. 

1837. 

Books of Section 1. Be it enacted hij the Senate and House of 

opened. Representatives of the State of Alabama, in General As- 
sembly convened, That books of subscription for the 
capital stock of the "Mobile Aqueduct Company" shall 
be ojDened at the mayor's office, in the city of Mobile, on 
the first Monday in January next, at ten o'clock in the 
morning and continue open from 10 A. M., to 3 o'clock, P. 
M., from day to day (Sunday excepted) till the sum of 
$150,000 00 shall be subscribed, that said subscription 
shall be made under the superintendence of the mayor of 
the said city and any one of the aldermen, and in the 
absence of the mayor, of any two of the aldermen of said 
J city. 
Election of Sec. 2. And be it further enacted. That so soon as 

offioers. "^ ' 

$100,000 00 shall be subscribed, the mayor of the said 
city shall notify the subscribers by giving ten days' notice 
thereof in one of the newspapers published in the said city 
of Mobile, at which time the said subscribers shall meet at 
the said mayor's office and choose by ballot a president and 
four directors, who shall serve until the first Monday in 
January next after their election, and until their successors 
shall be duly elected, which shall be done annually on the 
first Monday in January, at the office of the company, but 
should no election be held on that day in any year, the 
same may be held at any time hereafter, on giving ten days' 
notice as aforesaid, of the time and place, by the president 
or any three of the directors or stockholders. 



WATER-WORKS. 389 



Sec. 3. And be it further enacted, That tlie said capital ^,^pj.* 



tal 



how 



stock of said company shall be divided into shares of fifty '^'^"''"^• 
dollars each, and that ten dollars on each share subscribed 
shall be paid at the time of subscribing ; $15.00 in sixty 
days ; $15 00 in one hundred and twenty days, and $10 00 
in one hundred and fifty days thereafter, unless the directors 
shall give longer, which shall only be done upon receiving 
good security for the same, and should any subscriber fail 
to pay an installment as the same falls due, the amount 
paid thereon shall be forfeited to the comjjany, and the 
stock so forfeited shall be re-sold as aforesaid. 

Sec. 4. Aiid he it further enacted, That from and aftergame. 
the first election, as provided by the 2d section of this Act, i'°"«^ers. 
the said subscribers shall constitute a body j)olitic and cor- 
porate, by the name and style of the " Mobile Aqueduct 
Company," and as such, shall be taken, known and held in ^Hf^^^ll^^ 
law, and shall so continue until the first day of December, 
1856, and until they shall have been purchased out by the 
corporation of the city of Mobile, as is hereinafter pro- 
vided ; during which period the said company shall have 
and enioy all the riohts, privileges, and immunities which 'tested with 

■^ •' O J ± O 7 tl,g powers 

are contained in the Act entitled, " An Act to incorporate ""''<'!^^°' 

' J- 20th Dec, 

an Aqueduct Company in the city of Mobile," passed ^^-''• 

the 20th day of December, 1820, which Act, except as 

modified by this Act, is hereby revived and declared to be 

in force, during the continuance of this Act. 

Sec. 5. And he it further enacted, That the contract Contract 
_ •' . ' with Hitch- 

made and entered into by and between the mayor and <=°'='^ r^'i^'''^- 

aldermen of the city of Mobile, and Henry Hitchcock, on 
the first day of December, 1836, and which is recorded in 
the county clerk's office in Mobile, in which the said Henry 
Hitchcock became the lessee of the present city water- 
works, for the period of twenty years from the date thereof, 
be and the same is hereby recognized and confirmed ; and 
upon the said Henry Hitchcock and his executors or ad- 
ministrators assigning the same to the company hereby in- 
corporated, which he is hereby authorized to do the same to inure 
in all its parts, shall mure to the benefit of said company, company. 
and the said company shall be subject to all the covenants 



390 



APPENDIX. 



contained therein, to be jDerformed by said Henry Hitch- 
cock. 
appomtoiL Sec. 6. And he it further enacted, That the said presi- 
dent and directors shall appoint a secretary and such other 
officers, engineers and agents as they may think proper, 
and the same to displace. They shall keep a journal and 
proper records of all their proceedings, which shall be sub- 
ject to the inspection of the stockholders. A statement 
of the affairs of the comjiany shall be laid before the stock- 
holders at each annual election ; semi-annual dividends of 
r^^es.™'''"' ^^'^^ portion of the profits as the directors shall think 
proper shall be declared and paid to the stockholders. The 
directors may make all needful rules and regulations relat- 
ing to the management of the company, and the supply of 
May use the water ; and they shall be jDermitted the use of the streets 
in the city of Mobile, free of charge, for the purpose of 
laying down pipes for the conveyance of water. 
uon°s'may" Sec. 7. And 1)6 it furtlier enacted, That the several in- 
subsonbe. coi-povatcd banking and insurance companies in the city of 
Mobile, excej^t the branch of the Bank of the State of 
Alabama, at Mobile, be, and they are hereby authorized to 
subscribe a sum not exceeding ten thousand dollars each, 
towards the capital stock of. said company. 
^°Zmfyln ^^*^- ^- ^"'^^ ^^ it further enacted, That so soon after 
"uuea^by'^" the first day of December, 1856, as the said corporation of 
cui oiMo- ]\j;yj)i]g shall pay to the said company the cost of the said 
works, in conformity with their contract before referred to 
with the said Henry Hitchcock, then this Act shall cease to 
operate, and not before ; provided, that the said company 
shall have power to collect its debts, and wind up its affairs. 
Approved Dec. 25th, 1837. 

Letter of MoBiLE, January 17th, 1838. 

Se'iuy aV-" ^'o ^/'e May Or and Aldermen of the City of Mobile : 
reieience to Gentlemen t — I take thc liberty to inclose a copy of a 

the last Act. t,i i -i » o. 

charter to mcorporate the " Mobile Aqueduct Company, 
obtained by me at the last session of the legislature. By a 
reference to this Act it will be seen that the Act of 1820 



WATER-WORKS. 391 



is revived, that the contract made by the corporation with 
me is confirmed, and that the privileges of it are authorized 
to be transferred to the new comi^any. To carry this into 
effect, I propose to assign the contract to the company 
ujDon the following terms : 

1st. That the corporation take as stock the amount for 
which the works were sold to me, say $'26,000 00, and that 
they cancel the notes held by them, given by me, and that 
the corporation thereupon receive certificates of stock to 
the amount of $26,000 00, or in case the corporation decline 
taking the stock, that 1 be allowed to subscribe the same, 
and I pay the notes. 

2d. That the company take from me the piece of ground 
at the creek, Sjitjth acres, purchased for the location of 
the steam engine, and the supply of water, and also that 
purchased of Charles Steel, 2;j;,th acres, for the site 
of a reservoir, at the prices I bought at, with the costs of 
surveys, &c., already made, and which amount in all to 
$7,603,^ 

3d. That the company pay me $10,000 00 for the privi- 
lege of the charter, in stock of the company, at par. 

Under these conditions, so soon as $100,000 00 shall be 
subscribed by individuals, I hereby bind myself to assign 
the contract to the company. 

Your ob't serv't, 

HENRY HITCHCOCK. 

The committee to whom was referred the proposition of Report of 

•■■ •"• committee 

Henry Hitchcock, Esq., on the subiect of the city water- of" /'i^. city 

'' J J. 7 i) ^ autlinnties 

works, beg leave to report the following resoluion, and to Hitd?coTi<'s 
recommend its adoption : tTon.'"""'"'^' 

Resolved, By the mayor and aldermen of the city of Mo- Kesoiution 
bile, that on the organization of the " Mobile Aqueduct thereon. 
Company," incorporated by Act of the legislature, and ap- 
proved Dec. 25th, 1837, the city will invest the notes of 
H. Hitchcock, Esq., amounting to twenty-six thousand 
dollars, in the stock of said company, and for certificates of 
stock to that amount, will cancel or surrender to H. Hitch- 



392 APPENDIX. 



cock, the said notes given in payment for the lease and 
materials of the city water works. 

GEOKGE WALTO]^. 

MOSES RYAX. 

JOHN FOWLER. 

J. B. TODD. 
This resolution was adojoted hj the Board. 

i-etterof Ai- New Orleans, January 29th, 1838. 

bert Slein ' '' ' 

;?.,Hf"'^>' . Hon. H. Hitchcock : 

Hitchcock in 

relm-olr '° ^^^ ' — ^"*^^^ have again comj^limented me, by asking my 

I'ineand"" opiuiou concemiug " the best mode of introducing water 

^"'"P'- from the Three Mile creek into the city of Mobile, the plan 

for the reservoir, steam engine and pumps, the length and 

bore of the main pipe, &c. &c., with the cost of the works, 

and their probable income." 

As to supply I examined the creek last year, and found it to contain 

ol water t n n />ni 

from Tiiree au abuudaut supply of excellent water — lully adequate to 

Mile creek rr J J i 

for 50,000 to furnish a population of 50,000 or 60,000 persons with whole- 
^ienc"''ror '^ somc watcr for all domestic purposes, and at the same time 
Etree"s'Ld ^0 fumish au ample supply for all public objects, in clean- 
fn^'g fife"s.'''' iiig streets and extinguishing fires. 
As to the The mode of introducinir this water must be by construct- 

moue ol in- '-^ ^ 

troducin? ino" a resexvoir about 1000 yards from the margin of the 

the water c? ./ o 

into the city, pj.gpl^^ wlicrc thcrc is an eligible site ; the reservoir to be 
filled by forcing pumps, and the water so obtained to be 
conveyed to the city, as far as Dauphin street, by a main 
pipe, 2700 yards in length. 

Engineer j^ would bc iuvidious and useless for me to give a plan 

must make '- ^ 

plan oireser- f-Qj, |-]^g yeservoir, stcam eno-ine and pumps, not to be con- 

voir, sleam ' ~ 1 ir 7 

^lm"t ''"'' structed by myself This must be left to the engineer ac- 
tually engaged ; and their dimensions based on the quan- 
tity of water necessary for all public and i:)rivate purposes. 

As to the In considering the cost and income of the works, it will be 

cosis and in- i t /-> /-> ->/-. no • • 

come of the neccssarv to recollect that 10,000 leet oi cast n-on pipes 

water-works •' 

have already been laid, Avhich can be rendered available ; and 
that there are 6000 feet 6-inch pipes on hand, thus consid- 
erably diminishing the outlay. And it will be equally es- 
sential to remember that, while the cost of materials and 



WATER- WORKS. 393 



laboi' are becoming gradually diminished, in the course of 
time, the demand for the water will he commensurate with 
the increased population of Mobile ; so that the cost of 
constructing and maintaining the works must be gradually 
lessened, while the revenue arising from their use will be as 
certainly augmented. The estimate of the cost and income 
must be based on a knowledge of these facts. 

I send you a plan of your city, that you may perceive ^|j"g ^^'^^f^j 
the necessary distribution of pipes through the streets, and f^ i^J'ereGted 
also a profile of the line of pipes from the creek, where the 
engine and pump-house should be erected, to the site of the ^''^ of the 

, . . reservoir. 

reservoir, thence to Daujihin, and along Dauphin to the 
river. From the creek to the reservoir, 1000 yards of pipes 
of 10-inch bore will be required, and the main jjijie from the 
reservoir into the city should be 12-inch bore. The pipes 
required in Dauphin street, 1,350 yards, should be 10 and 
8-inch bore, being for about 2,400 yards. Fire plugs are to^'''?'''"*'?'° 
be erected along the line of the pipes, for the purpose of f^''^gyi'^';' 
extinguishing fires and washing streets, and stop-cocks ^''''^'^'^' 
placed to shut oif the water from the pipes for repairs, 
making attachments or cleaning them. The mean height 
to which the water has to be raised from the creek into the 
reservoir, is 40 feet. The site for the reservoir is 20 feet water to be 

,.- , ii-T I'l- XI T rnised 20 feet 

higher tlian the highest ground m the city. 1 have madeaiiisiicnhan 

? . „ ,, - . , . -,..-, thcliisbest 

minute enumeration of all required to raise and distribute P"'"t m the 
600,000 gallons per day, and an estimate accordingly, in- ^^|-^p^ '°^, 
eluding the reservoir, the engine and pumps, and the pump- 6oo^oqo"''Ii- 
house. But it is not necessary to give you the particulars '""^ p'^'^ ''^''* 
in detail. You may, however, rest assured that I have eu- '^'^'f'"'''' 

•/ ' ' iiml pni 

deavored to be accurate in every particular, and you can be [^ 
satisfied of the result thus briefly given of the probable ^^ ^^"®^ 
cost : 

Distribution of pipes agreeably to plan, - - $65,171 50 
Eeservoir, ----------- 25,000 00 

Engine and pump-house, ------ 10,000 00 

Engine and pumps, -------- 12,000 00 

Incidental expenses, etc., ------ 7,828 50 



rticu- 
ar state- 
ment 



120,000 00 



394 APPENDIX. 



The wliole outlay, exclusive of the land for the house and 
reservoir, would therefore be $120,000. The distribution 
(as set down) embraces a line of pipes from the pumps to 
the reservoir, thence to Dearborn in Dauphin street, thence 
along Daujihin street to the river. In Dearborn from 
Church street to Adams, and in Joachim street, the same 
425 miles of distaucc, amounting in all to upwards of 425 miles of pipes 

including those necessary for fire plugs. 
Income. j^ ascertaining the probable income, we must calculate 

the annual cost of supplying the water, and tlic cj[uantity 
of water likely to be required and consumed by the people 
of Mobile. As the creek water is of a very superior qual- 
ues°,''w!th'6 ity? ^^^^ ^s ^11 families capable of having it conveyed to 
eadiTso" their premises are almost certain to be customers, we may 
day°br''ea''ch believe that at least 2000 will daily require its supply, 
person. Couuting six pcrsous in a family, and allowing each 30 
gallons a day for every purpose, the quantity required per 
diem for consumption and supply will be 360,000 gallons. 
di^trtbmeTt'' To raise such a quantity into the reservoir and distrib- 
S5.ooo°each uto it through the streets and hydrants, would not cost 
^'®'"'" more annually than $5,000. And if a larger quantity be 

hereafter necessary, the annual cost will be very little 
increased, so that while an increased consumption of the 
water by families will certainly increase the profits of the 
works, the increased supply will augment their cost of 
maintenance. This difference must be greatly to the advan- 
tage of the corporation, and will be more sensibly felt in 
three or four years. At present, however, the probable 
income will be ascertained on the above data. 
2,000 families, at $20, - - - - $40,000 00 
Annual cost, ----- 5,000 00 



Receipt, - - _ - $35,000 00 

fncome on Interest on capital, $200,000, at 6}, - - 12,000 CO 



this basis. 



Net income, - - - - $23,000 00 

Income -nriii You will perccivc that liatl I assumed that 2,500 families 

be greatly ■■• _ _ / 

increased, "would rcquirc watcr, as in a very few years will be the case, 
or had I assumed 25 or 30 dollars as the annual average 



WATER-WORKS. 395 



charge for eacli family, the clear income would be much 
greater. 

In conclusion, I am clearly of opinion that the works can 
be easily constructed ; that the creek can afford an abund- 
ant supjoly of limpid and soft water ; that the Mobilians 
will generally use it, and that the works will shortly bring 
a handsome income.* 

I have the honor to be your most obedient, 

ALBEET STEIN. 



AN .4CT for the promotion of the health and convenience of the City of Jan. 7, 1S41. 
Mobile, by the introduction into said City, of a supply of wholesome 
Water, to be used for domestic purjioses and the extinguishment of Fires. 

Section 1. Be it enacted by the Senate and House o/^^^^*^")?"' 

'J J with Albert 

Representatives of the State of Alabama, in General -^s- confirmed. 
sembly convened, That the agreement made and executed 
by and between the mayor, aldermen and comm^on council 
of the city of Mobile, of the one part, and Albert Stein, of 
the other pa,rt, bearing date the 26th day of December, 
A. D. 1840, be, and the same is hereby fully confirmed. 

^rtklcS of ^CfVCCmcnt, made and entered into theA-reement 
26th day of December, in the year one thousand eight hun- Dec., is4o. 
dred and forty, by and between the mayor, aldermen and 
common council of the city of Mobile, of the first part, and 
Albert Stein of the second part, witnesseth : 

That the said mayor, aldermen and common council of 
the city of Mobile, for and in consideration of the cove- 
nants and agreements hereinafter contained, mentioned, and 
reserved on the part of the said Albert Stein, his executors, 
administrators and assigns, to be paid, kept, done and 
performed, have granted, and by these presents do grant 
unto the said Albert Stein, his heirs, executors, adminis- Granting the 

1 1 . .1 n 1 . privileizo of 

trators or assigns, the sole privilege of supplying the city of ^''ppi 



yins 
■w.ater Irnra 



Mobile with water from the Three Mile creek, for twenty ^iiree mho 

-' •! creek ior 20 

years from the date of this agreement, as well as all the ad- \'''}'^ ^■'T 

•^ o 5 dale of this 

vantages and benefits which accrue to the said mayor, alder- ^sf^'^^ent. 



' Henry Hitchcock died in August, 1S39. 



396 APPENDIX. 



men and common council, from, by or under an Act of the 
The benefit leo-islature of the State of Alabama, entitled, " An Act to 

of the Act of ^ ' ■ 

j^.^'i^ ^j^'^j-jj^g incorporate an Aqueduct Comijany, in the city of Mobile," 
on'he city, passed December 20th, 1820, and all ordinances and reso- 
lutions passed by the said mayor, aldermen and common 
council, or by the mayor and aldermen of the city of Mo- 
AcfoV'incor- ^^^^1 ^^^^^-^^r aud by virtue of the said Act, or by the Act of 
poration. incorporation of the said city of Mobile, and the several 
Acts amendatory thereto, which in any way or manner 
relate to the said city water-works, or the right to supply 
said city with water, as well as all the beneiits and ad- 
vantages which accrue to the said mayor, aldermen and 
common council, or the mayor and aldermen of the city 



And by the of Mobile, from, by, or under an Act of the legisla- 

Act 2:3a Dec. T ■) ^ ■) o 

1S37. ture of the State of Alabama, entitled •' An Act to 

incorporate the j\r()bile Aqueduct Company," passed De- 
cember 23d, 1837, to have and to hold the above men- 
tioned and described privileges, together with all and 
singular, the appurtenances unto the same belonging, or in 
anywise appertaining, unto the said Albert Stein, his exec- 
utors, administrators and assigns, delivering up the said 

vniue-nrhen water-wovks and appurtenances in good order and condi- 

aenvereil up _ , •■- _ " _ , 

tocitvtoKe tion, riay to him, his executors, administratc^rs or assigns, 

determined T i. J ■> 5 c ? 

adjurltors ^^'^^^'^' f^ctual valuc as determined by six arbitrators, three to 
be chosen by the mayor, akleimcn and common council of 
the city of Mobile, and three by the said Albert Stein, his 
executors, administrators or assigns : provided, that the 
said arbitrators shall not be members of the corporation of 
the city of Mobile. If they agree, and so report in writing, 

If ihcy (lis- their award shall be binding on the respective parties, but 

aiTcc. to be o i 1 7 

watc^oom- ^^ ^^^'^ of disagreement, the value of the works shall be left 

piiuade'iphia *° ^^^^ Watering committee of the city of Philadelphia, or 

such committee of the city of Philadelphia, by whatever 

name, as may be charged with the water- works of said city, 

whose decision and award in writing, reported to the mayor, 

To be on clay aldcmien and common council of the city of Mobile, shall 

that award •' ' 

is made. \)q \)inding and conclusive. The amount so agreed upon 
shall be paid on the same day on which the said award shall 
be reported, and the water-works, and all appurtenances 



WATER- WORKS. 397 



thereunto belonging, shall be delivered over to the corpora- 
tion of the city of Mobile, by the said Albert Stein, his 
executors, administrators or assigns ; and the said parties 
of the first part hereby covenant and agree with the said 
partv of the second part, his executors, administrators and Q"'*;' p°=\., 

r u 17 7 session until 

assigns, that he, his executors, administrators and assigns, redeemed, 
shall have quiet possession of the said works during their 
erection, and after they shall be completed, for the said 
term of twenty years, and for any further time, until the 
said parties of the first part, or their successors in office, 
shall redeem said works from the said ]:)arty of the second 
part, his executors, heirs, a.dministrators or assigns, accord- 
ing to the aforesaid stipulation. And further, that they 
shall, as soon as possible, obtain from the legislature of the 
State of Alabama, an Act sanctioninfr this aa-reement and to be sanc- 

' o o tioncd l)y 

the stipulation thereof, as herein contained, with such other ''^,r^''^,'"''<' 

i •' ' ol Alabama. 

provisions as may be inserted by consent of the said parties. 
And the said mayor, aldermen and common council of the 
city of Mobile, for themselves, and their successors in office, 
hereby covenant and agree, (he, the said Albert Stein, his 
executors, administrators and assigns, well and truly com- 
plying with all and singular the within stipulations and 
agreements on his part to be done, iDcrformed, and com- Quiet 

''..,,- T 1 ■ 1 • • ^ possession. 

plied With) that he and his executors, administrators and 
assigns, shall and may retain quiet possession of the said 
water-works for the said term of twenty years, without let, 
molestation or hindrance of the said mayor, aldermen and 
common council, or their successors in office, or any person 
or persons claiming by, through or under them. And that 
the said Albert Stein, his executors, administrators and 
assigns, shall, during the said term of twenty years or any 
further time, until said works are redeemed, as above stijD- 
ulated, have the exclusive privilege of supplyins: to the citi- Exclusive 

' i r> i i J o privileires of 

zens and inhabitants of the city of Mobile, water from the^^fli^'^j.^s 

J ' water Irom 

water- works aforesaid, at the sum or price which shall at 'TOrks^'*^"^' 
no time exceed the following rates, to be paid by the per- Not to 

o ' J. ^ ± exceed rates 

son or persons receiving the water, and 2oay able in advance, here set lonh 
to wit : 



398 APPENDIX. 



of°6^s"''^" 1st. For every family consisting of six persons, twenty 
ditiomi'i' it; dollar's per annum, and two dollars for every person addi- 
years, hiif tional (and persons from one to twelve years of age, are 
^'"'^''" to be estimated as two for one.) 

^e'r^'^'sf™" -^- '^^^' ^stail grocery stores, where liquor is not retailed, 

twelve dollars per annum. 
Retail gro- ^^\ ^q^ retail grocery stores, where liquor is sold in 

eery, wliere o i^ 7 ± 

uiielf s'cf' c[uantities less than one quart, from twenty to fifty dollars 
to soo. pgj, r^nnum. 

I''^^"'""■^,„ 4th. For liquor stores, doing the business of drawing 

stores 830 1 7 & O 

toSTo. off and bottling wine and other liquors, from thirty to sev- 
enty-five dollars per annum. 

stores, $12. 5t]i_ For stores without families, offices, &c., twelve 
dollars per annum. 

Baths, S5. 6th. For baths for private families, five dollars each, 
per annum. 

Horse, $3. 7th. For a horse, three dollars per annum. 

Carnage, $3. gj-^^ Yov a Carriage, three dollars per annum. 

^rlfii'ps^,'l&e. 9th. For the use of ships, steamboats, vessels, and other 

50 cents. -^rj^tcr Craft, per hogshead of 120 gallons, fifty cents each. 

CofToc- 10th. For coffee-houses, ovster-houses, confectioneries, 

houses, &c., J . 7 } 

othe'ri'tobe i^i'"''Wufactories, hotels, taverns, boarding-houses, steam- 
agreodon. Ya{iig^ tan-yards, brick-yards, soda shops, livery-stables, 
public baths, bakeries, dying, scouring, and renovating or 
other establishments not herein enumerated, may be sup- 
plied at an annual charge, according to the quantity of water 
that may be required, on such terms as the parties may 
agree upon. 
Mayooiieot And further, the said Albert Stein his executors, ad- 

as above. 

ministrators and assigns, shall have the power to collect 

and receive from each and every person or persons, who 

shall take and receive water from the water-works, the 

foregoing rates or prices per annum, and further shall have 

May conduct power and authority to conduct the water from any part of 

Three MUo the "Three Mile creek" so called, so that the same may 

paTin-'for be good aud wholesome, he, the said Albert Stein, his exe- 

piaoo rcsor- cutors, administrators or assigns iirocuring at his or their 

voir, cnsiue t r- ^ • • j 

an I pump- cost, tlic neccssarv <2;round tor the reservoir, cngme and 

house, &o. ' -^ ° . . 

pump house, and that through which the pipes shall pass. 



WATER- WORKS. 399 



And the said Albei't Stein, for liimself and liis executors, 
administrators and assigns, doth hereby covenant and agree 
to and with the said party of the first part, and their suc- 
cessors in office, that he will introduce the water into the 
city of Mobile within the space of two years from the dateToheintro- 
hereof, so that the said city of Mobile and the inhabitants 2 years, 
thereof may at all times be supplied ivlth such a quantity ^'^^^^^l^^^_ 
of ivater as may he jyroctired through the said pipes as l^^ter.'^'^^^"' 
far as they are laid ; and further, the said Albert Stein 
covenants and agrees as aforesaid, to surrender up the said 
water-works, and all the appurtenances thereto, to the said 
mayor, aldermen and common council, or their successors 
in office, at the exiDiration of the said term of twenty years 
from the date hereof, they, the said mayor, aldermen and 
common council, or their successors in office j^aying the 
said Albert Stein the value of the works determined as be- 
fore mentioned. 

And further, the said Albert Stein covenants and agrees f.'.^firV^'' 
at all times during the said term of twenty years, to suffer {]',',',^pg"fyf^ 
and permit the said mayor, aldermen and common council tlrs.'"""^"' 
of the city of Mobile and their successors in office, to use 
two fire plugs and no more, at all times, within said city, 
where the pipes are laid down as often as may be necessary 
for washing the gutters of the streets, and in case of a ^^'l '" '^^^^ 

Co ; ol fire ns 

conflagration or fire of buildings, as much water as may be ™",ecr"sary. 
necessary from any and all parts of the works. And fur-ot"^'J'ofi|sP"''^^ 
ther, the said Albert Stein, for himself, his executors, ad- 
ministrators and assigns, doth hereby covenant and agree, 
to and with the said party of the first part, that he will 
pay or cause to be paid unto the said mayor, aldermen and 
common council, or their successors in office, for the pipes stein shaii 
which they have on hand and those laid in the eround, smne rate 

•' f^ ' that city 

ivhich may he found fit for use, the same rates and prices, p-"^'^- 
and on the same terms as pipes of the same size and 
quality may be procured at, to be delivered in Mobile at 
the time when he, the said Albert Stein, may take into 
possession and use the said pipes now belonging to the 
said mayor, aldermen and common council. 



400 APPENDIX. 



workl^o^be ^^^"^^ further it is understood "between the contracting 
abandoned, pg^j.j^jgg liercto, that as soon as the water is introduced 

under this agreement, the present water-works shall be 

abandoned and totally discontinued. 
Shall be -1 j^fj(]^ further, the said x\lbert Stein doth hereby covenant 

fire pliiss to ' - 

of'^.^rounr'' and agree to place and so arrange the fire plugs that there 
shall be four fire plugs to each square of ground where the 
pi2:>es are laid. 
Water for j^ jg fm-ti^e^- stipulated, understood and agreed, that the 
cUvTicl^spi- pa-i'ty of the second part, his executors, administrators or 
tai.free. assigns, will grant to the corporation the use of the water 



for the city hospital and guard house free of charge. 
Forfeited, if It is further aOTCcd and understood between the parties 

not intro- ~ ■■- 

^'^<=|^'^^"''""" hereto, that if the party of the second jiart does not intro- 
duce the water into the city within two years from the date 
of this contract, he will forfeit not only the privilege and 
advantages of this contract, but also all improvements and 
expenses that he may have incurred, the same to inure to 
the use and benefit of the city. 

It is further understood and agreed between the parties 
hereto, that the party of the second part hereby covenants 
and binds himself, his heirs, executors, administrators and 

Tobeeom- assigns, iu the penal sum of ten thousand dollars, that he 

menced o ; x 7 

viaJ'nf"cT "^"^^^ commence the aforesaid works within one month after 

ittur°e"''""^' obtaining the consent of the legislature of the State of 

Alabama, to the stipulations, agreements and transfers 

herein made and contained, and that he will prosecute said 

works to completion with due speed and diligence. 

Signed, EDWARD HALL, il/ayor. 

ALBERT STEIN. 
Per. pro LEWIS TROOST. 



Signed — attest 
[seal.] 



H. P. Ensign, Clerk. 
Per. pro J no. P. Remy. 
Powers and Sec. 2. Aucl be it fuvthev enacted, That all the rights, 

privilci-'cs . • . . 11 

under Act of powers, iinvilc2;es and immunities which were granted -the 

20! b Dee., X ' I o o 

i8'2o notin- Mobilc Anucduct Company, and to the mayor and alder- 

consistcnt ••■ . 

wiibcon- jj^pj^ Qf j^\-yQ city of Mobile, by an Act of the general as- 

traet trans- •' J J o 

Stein'! '° scmbly of the State of Alabama, passed on the 20th day 



WATER-WORKS. 401 



of December, 1820, not inconsistent with the terms of the 
beforementioned agreement be, and the same is hereby 
granted, vested in and confirmed to the said Albert Stein 
and assigns. 

Sec. 3. And he it further enacted, That all the rights, IcTlsth *° 
powers, privileges and immunities which were granted to °^°'' ^^^ ' 
the Mobile Aqueduct Gomjaany, and to the mayor and al- 
dermen of the city of Mobile by an Act of the general 
assembly of the State of Alabama, passed on the 25th 
day of December, 1837, not inconsistent with the terms of 
the beforementioned agreement be, and the same are 
hereby granted, vested in and confirmed to the said Albert 
Stein and his assigns. 

Sec. 4. And he it further enacted, That the said Al- LlngXto! 
bert Stein and his assigns, by themselves and their agents, 
shall have full power and authority to use such of the pub- 
lic roads in the county of Mobile as may be in the direct 
route between the reservoir and fountain head of the water- 
works hereby to be erected, and the city of Mobile, for the 
pm'pose of laying the pipes for conducting the water into 
said city free from all charge or claim for damage therefor : 
provided, that the said Albert Stein and his assigns shall, 
at their own proper cost and charge, keep and preserve any 
portion of any of the said public roads, so used by them as 
aforesaid, in full and complete repair so long as the same 
may be used by them as aforesaid. 

Sec. 5. And he it further enacted. That the said Albert Stein M^y '-assign 

'' ' mortgage or 

and his assigns shall have full power and authority to dispose transfer. 
of any and all of the aforesaid privileges, rights and immu- 
nities by deed, and that the said Albert Stein and his 
assigns may mortgage the said privileges, rights and immuni- 
ties, by deed, to all and every jierson or jsersons whatsoever, 
and that the grantees of said Albert Stein and his assigns 
shall take and enjoy all and every right, privilege and im- 
munity which the said Albert Stein might or could enjoy 
by virtue of the aforesaid agreement, and this Act^ whether 
the same be granted absolutely or by way of mortgage or 
pledge. 

Approved January 7th, 1841, 



402 APPENDIX. 



Dec. 25th, AN ACT to be entitled an Act to amend an Act passed thellh dav of Janu- 

1S41. 

aiy, 1841, entitled An Act for the promotion of the Health and Con- 
venience of the City of Mobile, by the introduction into said City, of a 
supply of wholesome Water, to be used for domestic purposes, and for tho 
extincruishmeut of Fires. 

Duty of 

judge. Section 1. Be it enacted hy the Senate and House of 

Bepresentatives of the State of Alabama , in General As- 
sembly convened, That it shall be lawful for Albert Stein, 
his executors, administrators and assigns, as often as it 
may be necessary, during the continuance of the privileges 
granted in the Act to v^-hich this Act is amendatory, to 
apply at any time to the judge of the county court of Mo- 
bile county, or in his absence to the clerk thereof, for a writ 
of ad quod damnum., which it shall be the duty of the said 
judge or clerk to issue immediately on such application, 
directed to the shieriff of Mobile county, commanding him 
to summon the j^i'oprietors of land at any point on the 
Bayou Chatogue or Three Mile creek, at which the said 
Albert Stein, his executors, administrators or assigns, shall 
conclude to fix his or their aqueduct, dams or reservoir, and 
also the proprietors of lands above and below the said points 
on the said bayou and creek, who may claim compensation 
for damages, in consequence of the said works, and also to 
summon a jury of seven discreet freeholders of the said 
county to view the said premises, at a time not exceeding 
ten days from the issuing of the writ aforesaid ; and the 
jury shall examine the banks of the stream above and below 
the said points, and shall ascertain what amount of damage 
the said proprietors may sustain by the w^ithdraAval of Avater 
or otherwise in consequence of the erection of the said works. 
And if the said Albert Stein, his executors, administrators 
and assigns, shall require any land for the use of his canal 
or ditches, or through which to jDass his pipes, or for any of 
the purposes authorized by the Act to which this is amend- 

asoortlined. atory, then the said jury shall ascertain the damage that 
the owner of the said land may sustain in consequence 
thereof ; and it shall be the duty of the sheriff to return 
the verdict or verdicts of the said jury to the ckn'k of the 
county court, as soon as the same shall have been agreed 
upon by the said jury, or a majority of the same. 



Jurv 



Damazcs 



TVATEE-WORKS. 403 



Sec. 2. And he it further enacted, That any of the par- i^xceptions. 
ties interested may, within ten days after the return of the 
said inquisition as aforesaid, except to the award of the said 
jury ; and if within that time no exceptions to the said 
award shall be filed with the clerk of the said county court, 
then the judge of the said court shall forthwith make an Decree, 
order or decree, which shall vest absolute rights and owner- 
ship in the said Albert Stein, his executors, administrators 
and assigns, in and to the land, water, privilege or right 
that shall have been condemned by the said jury, and in 
the said proprietors to the money that shall have been as- 
sessed : provided, that if the said Albert Stein shall not 
fulfill the decree within thirty days from the entry of the 
same, he shall take no benefit therefrom.. 

Sec. 3. And he it further enacted. That if exceptions How exccp- 
to the said award be filed as aforesaid, the same shall be™.''"''. , 

' determined. 

heard and decided on by the said judge, at the next session 
of the court for testamentary or orphan business, or on 
some day apj^ointed by the said judge, of which all parties 
interested shall have due notice. And the j^arties except- 
ing may, at the hearing, propound his interest, and exhibit 
and prove the damage he may sustain, and the said judge 
may examine and decide upon all matters put in issue, and 
may, upon the application of either party, cause a jury to J""")' i"^y^ 
be impanneled, to determine any issue of fact in the cause, 
and either party may subpoena witnesses, the cost of Avhose 
attendance, as well as the costs of the appeal, shall be borne 
by the party against whom the judge may decide. 

Sec. 4. And he it further enacted. That it shallbe thesi'eriffto 

. . . . swear jury, 

duty of the sheriff to administer an oath to the said jurors, 
as in other cases of the execution of the said writ. 

Sec. 5. And he it further enacted. That it shall always stein may 

'' _ _ '^ purchase or 

be lawful for the said Albert Stein, his executors, adminis- arbitrate. 
trators and assigns, instead of the writ of '■^ ad quod dam- 
mcm," allowed by the first section of this Act, to agree 
with the said proprietors, or any of them, upon the apjjoint- 
ment of three arbitrators, and to apply to the said judge, 
or the clerk of the said court in his absence, by petition, 
stating the land, water, privileges'or rights to be condemned. 



404 



APPENDIX. 



and the willingness of llie parties to refer the matter to 
the said arbitrators, and thereupon the said judge or clerk 
shall forthwith issue an order to the said arbitrators, stat- 
ing the matter to them referred, and commanding them to 
view the premises, and ascertain the damages which may 
be sustained within ten days from the issuance of the said 
order, and to return their award to the said clerk. And it 
shall be the duty of the said arbitrators to ascertain the 
damage in the same manner as the jury are directed to do 
in the first section of this Act, and the said arbitrators, or 
a majority of them, shall make their award and return the 
same to the said clerk within five days after viewing the 
premises, and the same proceedings shall be sued upon the 
return of the said award, as are directed to be had upon the 
return of the inquisition in the second and third sections of 
this Act. 

Sec. 6. A7id he it further enacted, That the said arbi- 
trators, before entering upon the investigation of the mat- 
ters referred to them, shall take an oath or affirmation im- 
partially to determine the matter to them submitted, 
according to the equity of the case, to the best of their 
judgment, without favor or aftection, which oath shall bo 
administered by the said clerk or any justice of the peace. 

Appeoved December 25th, 1841. 



Arbitrators 
sworn. 



Feb'y 4th, 
1S46. 



AN ACT in aid of a Contract entered into between Albert Stein, and the 
Maj'or, Aldermen, and Common Council of the City of Mobile. 



Further 
privileges 
extended to 
sue before 
justice lor 
water rents. 
&c. 



Section 1. Be it enacted hy the Senate and House of 
Bejoresentatives of the State of Alabama, in General Assem- 
bly convened, That from and after the passage of this Act, 
in addition to the other privileges heretofore granted to the 
Mobile Aqueduct Company, to the Mobile Water-Works 
Comj)any, and to Albert Stein, and his associates, the pre- 
sent proprietors of the said works and privileges, it shall 
and may be lawful for the said Albert Stein, his associates 
and assigns, to jDroceed to collect before anj^ justice of the 
peace in Mobile county, or any court of competent jurisdic- 



WATER-TVORKS. 405 



tion in tlie State of Alabama, all such dues, demands, for- 
feitures, rents, sum and sums of money, as he, the said 
Albert Stein, his associates and assigns, may be entitled to 
by reason of the provisions of the contract made between 
him and the mayor, aldermen, and common council of the 
city of Mobile, by virtue of an Act of the senate and house 
of representatives of the State of Alabama, passed on the 
seventh day of January, eighteen hundred and forty-one, in 
like manner, as the said dues, and demands, rents, forfeit- 
ures, sum and sums of mOney, might heretofore have been 
collected before the mayor of the city of Mobile. 

Sec. 2. A7id be it further enacted. That from and after Justice 

■' ' 01 peace to 

the passao'e of this Act, that all the iurisdiction which has h^^e ^^ame 

->- o :> J jurisdiction 

heretofore been vested in the mayor of the city of Mobile, ^4^^^'°"^' °^ 
touching and regarding the said Mobile Aqueduct Compa-'''^™^"'^^" 
ny, the said Mobile Water-Works Company, and the said 
Albert Stein, his associates and assigns, may be exercised 
by any justice of the peace for the county of Mobile, as - 
fully and entirely as the said jurisdiction might have here- 
tofore been exercised by the mayor of the city of Mobile. 
Approved 4th February, 1846. 



GAS LIGHT -"CONTE^ACT 



This indenture, made and executed the twentieth day of ^i\^=?"*''^°* 

' •' with James 

September, in the year of our Lord, one thousand eight l^jp^'^i^tT"' 
hundred and thirty-six, by and between James H. Caldwell, ■'■®^^" 
of the city of New Orleans, and State of Louisiana, of the 
first part, and the mayor and aldermen of the city of Mo- 
bile, of the second part, witnesseth : that the said James 
H. Caldwell, the party of the first part, for and in consider- 
ation of the covenants, agreemeiits, and stipulations here- 
inafter contained, reserved and expressed, hath covenanted 
and agreed, and by these presents doth covenant and agree, 



406 APPENDIX. 



with the said mayor and aldermen of the city of Mobile, 
the party of the second jiart, that he. the said party cf the 
first part, will, within the space of two months from the 
date of this indenture, commence the erection of works for 
the purpose of lighting the city of Mobile with gas, and also, 
that he will, within the space of eighteen months from the date 
hereof, complete the said works for ligliting the said city of 
Mobile with gas in such manner as the mayor and aldermen of 
the said city of Mobile may direct. And the said James H. 
Caldwell, the party of the first part, doth hereby covenant and 
agree with the said party of the second part, that he will fur- 
nish and supply for the said city of Mobile, a sufficient quan- 
tity of gas to light the said city (at all times) when necessary 
and required of him, and to conduct the said gas in pipes, 
and render the same useful for lighting the said city to and 
Shall light at all points and places, wherever the said mayor and al- 

all p-irts of -l ■•- ' _ . ^ 

city, when clcrmcu of the city of Mobile, or their successors in ofifice, 

required. j ? ' 

shall direct the same to be used : provided, \he said James 
Except. jj_ Caldwell, the party of the first part, shall not be com- 
pelled to lay i3ipes to any place south of Canal street, north 
of Adams street, west of Broad street, or east of the east- 
ern end of the wharf on the river Mobile, or at the eastern 
end of the streets leading to said river, where no wharves 
are erected, unless the interest of the money necessarily ex- 
pended in extending pipes and conducting gas beyond the 
said limits, shall be repaid to him by the receipts and profits 
arising out of said extension. And the said James 11. 
Caldwell further agrees and covenants with the said mayor 
Shall furnish and alclemien of the city of Mobile, that he will furnish to 

lamps and ' 

lamp-posts, and for the use of the said city of Mobile, lamps and lamp- 
posts, properly fitted and ready for the use of the said city 
oriikovaiue, of Mobile, at such and all places, and at such and all times, 

&c., wilh ' ••■ ' •1111 

'''"«?, , . wherever and whenever he may be requn-ed to do so by the 

furnished in j i -j 

New Orleans jjiayor and aldermen of the city of Mobile, and their suc- 
cessors in office, in such manner and of equal value, and of 
the same materials and workmanship with those furnished 
by the Gas Light and Banking Comjiany of the city of 
New Orleans, to and for the use of the said city of New 
Orleans. And the said James H. Caldwell, lor himself, his 



GAS CONTRACT. 



407 



heirs, executors, administrators and assigns, further agrees and 
covenants that he will continue to light the city of Mobile 
with gas in the manner above specified, for, during and un- 3o°yea"s! °^ 
til the full term, space and expiration of thirty years from 
the date of this indenture, and will, at his own proper costs 
and charges, keep in good and perfect order and repair, all 
the lamps, lamp-posts and all other fixtures or materials 
necessary to the successful lighting of the said city of Mo- kipt'iu^good 
bile with gas, in the manner as above specified. And the °"''^'^' 
said mayor and aldermen of the city of Mobile, the joarty of 
the second part, for themselves and their successors in 
office, hereby covenant and agree with the said James H. 
Caldwell, the party of the first part, that he, the said James 
H. Caldwell, his heirs, executors, administrators and as- excYish-l* 
signs, shall have, enjoy and possess the sole and exclusive '"''^"^''^" 
l^rivilege of laying pipes in and across the streets and pub- 
lic buildings of the said city of Mobile, for conducting gas, 
for, during, and until the full term, space and expiration of 
thirty years from the date of this indenture ; and the said 
mayor and aldermen of the city of Mobile, for themselves 
and their successors in office, further agree, that they will 
pay the said James H. Caldwell, his heirs, executors, ad- 
ministrators or assigns, the sum of forty dollars for each s'lo'ibr'l'ach 
and every lamp and lamp-post completed, which he may be p^J^ ^ '^"'' 
required to place in any part of the said city of Mobile, by 
them or their successors inoflice, and further, they hereby bind 
themselves and their successors in office to pay the said James 
H. Caldwell, his heirs, executors, administrators or assigns, the 
sum of thirty dollars for keeping in repair and lighting each ^ach^^^ar"^ 
and every lamp which they may require him to place for public 
use in any part of the city of Mobile, said sum of thirty 
dollars to be paid for each and every lamp per annum. And 
it is further agreed and understood by and between the 
said parties to this indenture, that the said James H. Cald- 
well, his heirs, executors, administrators or assigns, shall 
and will, at no time during the said term of thirty years, 
charge or require of the citizens of Mobile, or any of them, Noi"siier 

. . . 7 J ■> rates tlian 

a higher rate for furnishing them with sas lisftit in their !^'''^^?''^'^'>f'' 

'-' o » o in New Or- 

private houses, or for their private uses, than is charged at^"^^"^' 



408 



Aolinowledg 
ment. 



APPENDIX. 

the same time to the citizens of New Orleans by the Gas 
Light and Banking Conipany of New Orleans. 

In witness whereof the said James H. Caldwell hath 
hereunto set his hand and seal, and the mayor of the said 
city of Mobile, for and in behalf of the said mayor and 
aldermen of the city of Mobile, hath hereunto set (his hand) 
and caused the seal of the said corporation to be affixed, 
the day and year first above written. Signed, sealed and 
delivered in presence of 

JAMES H. CALDAVELL, [seal.] 
G. W. OWEN, 3Io.ijor City of Mobile. 
Attest : 

J. H. Hyde, CUy Cleric. 



4 



State of Alabama, 
CiTT AND County of Mobile 

Before me, John Alexander Stuart, a notary public for 
said county, duly commissioned and sworn, personally came 
and appeared James H. Caldwell, who acknowledged that 
he signed, sealed and delivered the within indenture to the 
mayor and aldermen of the city of Mobile, and George W. 
Owen acknowledged that he signed the same in behalf of 
the mayor and aldermen and caused the seal of the said 
city of Mobile to be affixed thereto, on the day and year, 
and for the uses and purposes therein named. 

Given under my hand and seal notarial, the 20th 



[SEAL.] ggptember, 1836. 



J. A. STUAKT, K P. 



INDEX. 



i 



I I^ D E X 



Index to Oidiuances will be found on page 217. 



PAGE 

AMERICAN OCCUPATION OF MOBILE, - - 284 

ALLEYS. 

Nine or ten-pin, how taxed, - - - - 28 

Bo\Yliug, how taxed, ----- 28 

ALDERMEN. 

Created, - - - - . _ 3 

Eligibility of, ----- - 6 

Three for each ward, ----- 6 

Election of, - - - - - - 6, 7 

Term of office, ------ 7 

Oath of, ------ 8 

Shall not contract with city, - - - - 8, 29 

How election contested, - - _ - 9 

Shall elect presiding officer, - - - - 10 

Shall meet once a week, - . _ - 10 

When president of shall act as mayor, - - - 10 

Canse of vacancy, - - - - - 10 

May call meetings and adjourn, - - - - 13 

May be called by mayor, - . . . 13 
Shall keep journal, ----- 13 

Conservators of the peace, - - - - IG 

Duty as to assessment of taxes, - - - - 19 

No debt created or property purchased unless all 

present, etc.. ----- 27 

Power of president to assess taxes on public amuse- 
ments, ------ 28 

No obligation created unless means are in hand to 

pay, ------ 29 

Shall, in making appropriations, have regard to taxes 

paid by the respective wards, - - - 29 

Two-third vote to pledge citj'-, - . . 30 

Power to appropriate mone}', - - - - 30 

Names of members in 1858, - - - - 51 

Rules of, - - - - - - - 55 



412 



INDEX. 



Index to Ordinances will be found on pago 217 



AMUSEMENTS, THEATRICAL AND PUBLIC. 

Licensed, &c., ------ 14 

How taxed, ------ 28 

ASSESSOR OE TAXES. 

Elected, ------ n 

Term, and vacancy how filled, - - - - 11 

Office in municipal buildings, - - - - 12 

Books shall be kept open, - - - - 12 

Shall make assessments, . - . - 20, 12 
Compensation, ------ 12 

Shall be freeholder of city, - - _ - 13 

Shall assess license tax on business, - - - 31 

In three grades, - - - - - 31 

Shall make cash valuation, - - - - 32 

And make oath thereof, _ . . _ 32 

ASSESSMENT OF DAMAGES. 

For opening side-walks, drains and sewers, - - 16 

For shelling, paving or planking streets, - - 32 

Shall be collected by tax collector, - - - 32 

Streets, ._..._ 40 

ASSESSMENT OF TAXES. 

Shall be made by assessor, - - - - 12, 20 

Shall be open to public, . . _ _ 20 

Notice of completion to be given, - - - 20 

Objections, how made, . _ . . 20 

Witnesses may be hoard thereon, - - - 20 

Mayor to issue warrant, - . . . 20 

Shall have effect of judgment, - - - - 21 

Collectoj; shall collect, .... 21 

Shall be sufficient for annual fund, - - - 20 

Of license tax on business, - - - . 31 

In three grades, - - - - - -31 

Shall be cash valuation, _ . _ . 32 

ATTORNEY, CITY. Ordinance for, - - - - 81 

APPRENTICES. City may bind out persons as, - - 37 
APPENDIX. ------- 281 

Statement of the date of Frcncli, British, Spanish 

and American occr.pation of Mobile, - - 284 
List of governors and commandants, presidents and 

mayors of Mobile, then, - - - 285-290 
Acts of Congress relating to claims under such govern- 
ments, ------ 295 

Act of 1812, --.._. 295 

1814, 298 



INDEX. 413 

« 

Index to Ordiuaiiccs will be found on page 217. 

APPENDIX. (Continued.) tage 

Act ISIS, ...--.. 299 

" 1819, ------ 300 

" 1822, ..---- 306 

" 1822, ------ 308 

" 1824, ------ 311 

" 1827, - - - , - - - 312 
" 1827, ------ 314 

« 1829, ------ 315 

" 1834, ------- 317 

ACTS OF ALABAMA. 

To enable corporate authorities to provide for secu- 
rity and payment of city debt, with a statement 
of the city debt, reduced to bond, hi 1843, - - 318, 336 
To authorize justices to be elected for each ward, etc., - 47 
To authorize j ustices to hold offices out of their beats, - 347 
To regulate fees of constables, - - - - 347 
Penalties for malfeasance, - - - _ 48 
To better securing mechanics, - _ - - 348 
To protect mechanics, - - - - 350 
For relief of ship-carpenters, &c., . - - 350 
To secure collection of rents, - - - - 351 
County not to lay out roads in city, - . - 357 
Polls for county elections, how kept open, - - 357 
To provide a more efficient remedy in cases of un- 
lawful entrj' and detainer, - - - - 353 
Sections of Code of Alabama relating to pilotage, - 358 
For tlie pre.-ervation of tlic arms of tlie State in 

charge of Vol. Eegt., - - - - 3G5 

Defining bounds of 48th, 94th, and 95th Regts., - 367 

For better organization of 4tli division in Mobile, - 367 

Incorporation of fire companies, - - - 3(33 

Acts, correspondence, &c., relating to water-works, - 378 

Act Dec. 20tli, 1820, ----- 378 

18th section of Act 24th Dec. 1824, - - - 383 

Agreement between Hitchcock and the city, - - 383 

Act Dec. 25th, 1837, - - - - - 388 

Letter of II. Hitchcock to cit}^, - . . 392 

Resolutions of city and contract with IlitcLcock, - 391 

Act Jan. 7, 1841. and contract with Stein, - - 395 

Act Dec. 25th, 1841, - - - - - 402 

Act February 4th, 1846, . - - . 404 

Gas light contract, - . - _ 405 

ARMORY. Ordinance relating to, - - - - • 150 



414 



, INDEX. 



Index to Ordinances ■n-ill bo found on pnge 217. 



AUCTION SALES. How taxed, 
AVENUES. City may keep in repair, 
BALLS. 

Public, how taxed, . _ _ . 

Ordinance relating to, - 
BEGGING. Persons found, how dealt with, - 
BELLS. Ordinance relating to, - 
BEEF. Inspection of, - 
BILLIARD TABLES. How taxed, 
BOWLING ALLEYS. How taxed, 
BLIND PERSONS. 

City has same power as county officers over, - 
BONDS. 

City may issue under Act of 1843, 
Annual fund to secure, . _ . . 

Collectors, &c., duty therein, . . - 

How paid, -___-- 
Surplus beyond annual fund to be applied by mayor, 
Remedy against city for default. 
No new issued, unless means are in hand to pa}', - 
Creditors shall assent to Act of 1843, 
Committee under Act of 1848, to ascertain old debt 
of, - ----- - 

City msxj issue for purchase of wharves, 
Trustees of shall pay, - - - - 

Ordinance relating to, _ . . - 

" for market, . - - - 

« for old debts, . - . - 

" M. and 0. R. R. Co., - 

" for debts of 1858, (Note.) - 

BRITISH. 

Occupation of Mobile, - - - - 

Titles to land, laws of Congress to settle, 
BOUNDARIES. 

Of city, ------ 

" 1st ward, ------ 

" 2d " 

" 3d " - 

" 4th " ----- 

" oth " - 

" Cth " . . _ . - 

" 7th " - 

City may survey and fix, - - - - 



27 
14 

28 

82 
15 
82 
16 

28 
- 28 

37 

26 

26 
26 
27 
28 
28 
28 
29 

30' 
o3 

34 

83 

83, 87 

89,90 

92,93 

GG 

284 
295 

3 

4 
4 
4 
4 
5 
5 
5 
45 



INDEX. 415 

Index to Ordinances will be found on page 217. 

PAGE. 

BRIDGES. City may erect and repair, ... 14 

BY-LAWS. 

May be adopted, ------ 16 

(See everywhere in Charter.) 

Fines, forfeitures and penalties may be imposed for 

breach of, ----- 14 

BUILDINGS. 

City may pull down or remove, - - - - 14 

" " proliibit wooden, - - - . 42 

" " require brick or stone, - - - - 43 

"Wooden erected since 1829 may be removed, - 43 

BURYIXG GROUNDS. 

Cit}' may establish, - - - - - 16 

Ordinance regulating, ----- 98 

Sexton and duties, - - - - - 99 . 

BUSINESS. License tax on, in three grades, - - 31 

BRICK BUILDINGS. May be required, - - - 42 

CARTS. 

May be licensed, ----- 14 

Ordinance relating to, - - . _ IQI 

CABS. Ordinance relating to, -.---- 104 

CARRIAGES. Ordinance relating to, - - - 104 

CHARTER. 

Of the city of Mobile, ----- 3 

Style of corporation, ----- 3 

May sue and be sued, ----- 3 

May hold real and personal property, - - 3 

May establish seal, ----- 3 

Limits and boundaries established, - - - 3 

Number of wards, - - - ■ - - 3 

Boundc^ries of wards, No. 1 and 2, - - - 4 

" " No. 3, - - - - 4 

" " No. 4 and 5, - - - 4 

" ^ « No. 6, - - - - 5 

" " No. 7, - - - - 5 

Who eligible to office of mayor, - - - - 6 

Aldermen and common council, _ - - 6 

Number of aldermen and councilmen, - - - 6 

Mayor, aldermen and councilmen, how elected, - 6, 7 

Qualification of voters, - - - . - - 6 

Aldermen to be elected by citizens of their ward, - 6 

Mayor, &c., to appoint inspectors, - - - 7 



PAGE 



41 6 INDEX. 

Index to Ordinances will be found 0!i page 217. 

CHARTER, (Cuntmiied.) 

Their duties, ------ 7 

Certificate conclusive, ----- 7 

Oath of mayor, aldermen and councilmen, - - 8 

Mayor to give notice of election, - - - - 8 

How to proceed in case of tie vote, - - - 8 

How long polls to be kept open, - - - - 9 

Election and qualifications of members, how tried, - 9, 10 
"When mayor's election contested, - - - 9 
Duties of president of council in case of mayor's sick- 
ness, etc., ------ 10 

He fiiiling, to be performed by president of board of 

aldermen, ------ 10 

Duties of botli boards in case of death, &c., of mayor, 10 
Death, resignation, or removal from ward to vacate seat 

in either board, - - - - - 10, 11 

Vacancy', how filled, - - - - - 11 

Officers of corporation, liow elected, - - - 11 

Boards to regulate adjournments, - - - 13 

Shall meet on call of mayor, - - - - 13 

To pass all by-knvs, ----- 13 

Regulate shipping, - - - - - 13 

To remove nui.--ances, &c., - - - - 13 

To prevent introduction of disease, - - - 13 

To provide places for the sick, &c., - - - 13, 14 

To establish night watch, &c., _ . _ 14 

Q'o erect lamps, - - - - - -14 

To license retail shops, .... 14. 

To fix amount of same, - - - - - 14 

To regulate hackney coaches, &c., - - - 14 
Same as to pawnbrokers, ----- 14 

To restrain gambling, - - - - - 14 

To regulate theaters, &c., - - - - 14 

To establisli and regulate markets, - - - 14 

To erect bridges, repair streets, &c., - - - 14 

To license chimney sweeps, - - - - 14 

To regulate fire wards and companies, - - - 14 

To sink wells, &c., ----- 14 

To fix penalties, &c., - - - - - 14 

To enact by-laws for prevention of fires, - - 14 

To establish pest-houses, &c., - - - - 14 

To levy and collect taxes, - - - - 15 

To regulate party and other fences, - - - 15 

To prohibit disorderly assemblies, - . - 15 

To deal with free negroes, - - - - 15 



INDEX. 



417 



Index to Ordinances will be found on page 217. 



CHARTER. (Continued.) 

Relating to vagrants, &c., 

How dealt with, ------ 

To levy taxes on slaves for sale, &c., - - - 

To regulate burjing grounds, - _ _ - 

To regulate weights, &c., - - - - 

To pass all laws, &c., ----- 

Mayor, &c., to be conservators of the peace, - 

To examine suspected persons, - - - - 

Not allowed fees, &c., for same, _ . - 

Mayor ex-oflticio justice of the peace, - - _ 

Mayor's duties, _ - - . - 

To hold court every day, . . _ _ 

Sunday excepted, _ - - - _ 

To report negligence, &c., of ofHcers, - - - 

His salary, ------ 

Ordinances, &c., how originated, - - - - 

How passed, ------ 

To be approved by maj'or, - - - - 

When not approved by him, how disposed of, 

Boards to levy taxes, ----- 

Lists of assessments to be filed in clerk's office, 

To be open for inspection, - - . _ 

Ten days' notice to be given, - - - - 

Duty of council relative to assessment, - - - 

Assessment to have effect of a judgment, 

Collector's duties as to same, - - - - 

His duty as to unknown owners, - _ - 

Collector's title to purchase, - - - - 

To put purchaser in possession, _ _ - 

Clerk of the corporation to record the collector's certifi- 
cate of title, ------ 

How lots sold by collector redeemed. 

Treasurer's duty, _ _ - _ - 

Lots not redeemed in five years, title perfect. 

Duty of purchaser, _ - - _ - 

Proviso as to minors, &c., - - - - 

Certificates conclusive evidence, - - - - 

Collector liable for whole amount of assessment, 
How to discharge himself from same, _ - - 

Taxes not paid, a lien on property, - - - 

Collector's duty as to same, - - - - 

Purchaser failing to pa}^ subsequent taxes forfeits pro- 
perty, ------ 

Mayor, &c., to levy poll tax on passengers, 



15 
15 
16 
16 
16 
16 
16 
16 
16 
16,17 
18 
18 
18 
18 
18 
19 
19 
19 
19 
19 
20 
20 
20 
20 
21 
21 
21 
22 
22 

22 
23 
23 
24 
24 
24 
24 
24 
25 
25 
25 

25 
37 



41 8 INDEX. 

Index to Ordinances will be found on page 217. 



PAGE 



CHARTER. {Continuecl.) 

Assessor of taxes, when elected, - - - 11 

To enter forthwith on his duties, - - - 11 

To complete assessment on first Jlonday in Februarj^, 192 

Assessor to be freeliolder, - - - - 13 

Maximum of taxes, ----- 25 

Election of harbor master, &c., - - - - 38 

Duties of harbor master, &c., - - - 38, 39, 40, 41 

Negroes for sale to be registered, - - - 42 

Mayor to appoint guard, - - _ - 18 

Number designated by the boards, - - - 18 

Boards to require fencing, &c., of vacant lots, - 42 

To prevent erection of wooden buildings, - - 42 

Penalty for erecting the same, - - . 43 

Boards empowered to remove same, - - - 43 

Proviso, ------ 43 

Defaulting jurors, ------ 43 

Physicians to give written opinion, - - - 44 
Mayor, &c., conservators of the peace, - - - 44 
Their powers and duties as such, - - . 44 
Boards to cause surveys and fix permanent boundaries, - 45 
Not to make new streets, &c., imless under certain re- 
strictions, - - - - - - 45, 46 

Width of Government street established, - - 46 

May change name of streets. - - - - 47 

Repealing clause, - - - . . 47 

Extending clause, - - - - - 47 

Aldermen to elect presiding officer, - - - \Q 

Council to elect presiding ofiicer, - - - - 10 

Terms of oflScers, annually elected, - - - 11 

Treasurer shall be clerk of council, - - - 11 

City surveyor and duties, - - - - 12 

Compensation, and vacancy how filled, - - * 12, 13 

Tax collector to be a freeholder. - - - 13 

Inspections regulated, how - - - - 13 

Shall keep journal, ----- 13 

To establish and keep open ferries, - - - 16 

To establish side-walks, drains and sewers, - - 16, 42 

Witnesses heard on assessments, - - - - 20 

Purchasers under deed of trust to hold lands, - 25 

Bonds may be issued under Act of 1843, - - - 26 

Secured, ----- 26 

Duty of collector therein, - - - - 26 

Tax may be levied and collected, - - 27 

How debts, &c., created, - - - - - 27 



INDEX. 419 

Index to Ordinances will be found on page 217. 

CHARTER. (Continued.) p^^gb 

Tax on public exhibitions, . . - _ 28 
Sinking fund, ------ 28 

Remedy against city for default on bonds of 18-13, - 28 

Conditions against any other bonds, _ - - 28, 29 

Members of boards shall not contract with city, - 8, 29 

Appropriations, pro rata to w ards, - - - 29 

May tax itinerants, ----- 30 

How public faith may be pledged, - - - 30 

Power to appropriate money, - - - - 33 

Committee to determine certain liabilities, - - 30 

Tax may be assessed on business, - - - 30 

" to be divided into three grades, - - - 30 

All assessments shall be on cash valuation, - - 32 

May pave, shell or plank streets, - - - 32 

Duty of mayor and surveyor ai to, - - - 32 

May purchase market, - - - - - 33 

Powei'3 as to wharves, _ _ - _ 33 

Trustees for " may be appointed, - - 33 

Powers, &c., - - _ - . 33 

May raise revenue, - - - - - 34 

May appoint superintendent, - - - 34 
Report to mayor, ----- 34 

Special tax may be levied for, - - - 35 

Financial year to commence 4th Monday in March, - 35 

Committee of mechanics, _ . _ - 35 

Duties, powers and mode of proceeding, - - 35-37 

Powers as to poor, orphans, and apprentices, - 37 

May bind out, &c., - - - - - 37 

Fines may be enforced hy levy and sale of propert}^, - 45 

One justice elected for each ward, - - - 47 

Duties of justices, - - - - - 47, 48 

How punished for misconduct, (see note) - - 48 
CLERK. 

Shall notify persons elected, - - . - 9 

Treasurer shall be, of council, - - - - 11 

Shall record certificate of sale of property for taxes, - 22 

Shall record certificate of redemption, - - - 24 

Ordinance relating to - - - - - 107 

CERTIFICATE. 

Of election, ------ 7 

When filed with clerk he shall give notice, - - 9 
Of sale for taxes, ------ 22 

Clerk shall record, ----- 22 

Treasurer shall give to person redeeming property, - 23 

Clerk shall record, ----- 24 



420 INDEX. 

Index to Ordinances will be found on page 217. 

PAOK 

CHDIXEY SWEEPERS. City may licence, - - - 14 

COACHES, &c. Ordinance relating- to, - - " - 104 

COLLECTORS OF CUSTOMS. For Jlobile, - - - 290 

COXDE FORT. WJien built, - - - - 284 

COMMANDANTS OF MOBILE. 

Under France, - - - - - - 286 

" Englirili, ----- 287 

" Spain, ------ 288 

COMMON COUNCIL. 

Created, ------ 3 

Eligibility of, ------ 6 

One for each ward, - - - - - 7 

Election of, ------ 7 

Term of ofBce, . - - - . j 

Vacancy, how filled, ----- 7 

Oath of, ----- - 8 

Shall not contract with city, - - - - 8, 29 

How election contested, . _ . _ 9 

Shall elect presiding officer, - - - - 10 

Shall meet weekly, ----- 10 

"When president shall act as mayor, - - - 10 

Cause of vacancy, ----- 10 

May call meetings and adjourn, - - - - 13 

May be called by mayor, - - - - 13 

Shall keep journal, - - - - - 13 

Conservators of the peace, - - - - 16 

Dutjr as to assessment of taxes, - - - - 20 

No debt created or purchase made unless all are 

present, ------ 27 

Power of president to assess taxes on public amuse- 
ments, &c., - - - - - - 28 , 

No debt created unless means to pay are in hand, - 29 
Shall have regard to the taxes paid b}"- the ward in 

making appi'opriations, - - - - 29 

Two-third vote to pledge foith, - - _ 30 

Power to appropriate money, - - - - 30 

President of, with mayor and collector elect port- 
wardens, ------ 38 

Names of members in 1858, - - - - 51 

Rules of, - - -^ - - - 59 
CONTRACT. 

Members of the corporation shall not, with city, - 8, 29 

City shall not make unless both boards are full, &c., - 27 



INDEX. 421 

Index to Ordinances will be found on paste 217. 

CONTRACT. {Continued.) 

Nor unless means are on hand to pay, - - - 29 

May contract for wharves, _ _ . . 33 
Gaslight,- ------ 405 

Water, with Stein, ----- 395 

CONTESTED ELECTIONS. 

How tried, ------ 9 

Proceedings thereon, - - - - 9, 10 

CONVENTION. 

To elect all officers and agents, - - - - 11 

Fix compensation and duties, - - - - 11 

And may remove, - - - - - 11 

DAUPHIN ISLAND. The first settlement in Alabama, - 284 

DEBT. 

Purchaser of property under deed to secure city 

debt authorized to hold, - - - - 25 

Obligations of city maj^ issue, for, - - . 26 

Fund created to pay, - - - - - 26 

Collector's duty and how paid, . - . 26 
Surplus under Act of 1843, to be applied to payment 

of, - - - -' - - - 28 

City may be compelled to carry out Act of 1843, - 29 

No new created unless means are on hand to pay, - 29 

Creditors shall assent to Act of 1843, - - 29 

How faith of city pledged, - - - - 30 

Committee under Act of 1848 to ascertain old, - 30 
Tax of 10 per centum to pay old, other than bonds 

and coupons, - - - - - 19 

City may provide for payment of market, - - 33 

City may purchase wharves, - - - - 33 

Ordinance of 1858 to consolidate, . - - gg 

DISEASE. City may prevent introduction of, - - - 13 

DISORDERLY PERSONS. 

How dealt with, - - - - - 15 

Ordinance relating to, - - - - - 167 

DITCHES. Ordinance relating to, - - - - 109 

DRAY. 

May be licensed, ------ 14 

Ordinance relating to, - - - - 101 

DRAINS. 

City may keep in repair, - - - - - 14 

" " establish, &c., - . - - 16 

DRUMS. Ordinance relating to, - - - - 110 

DRUNK. Persons found, how dealt with, - - - 15 



422 INDEX. 

Index to Ordinances will be found on page 217. 

PAGE 

DOCKAGE. To provide for charges of, - . . 33 

DOG ORDINAXCE, - - - .. 109 

DOG RIVER ROAD STREET ORDINANCE, - - 177 

ELECTIONS. 

For raayor, aldermen and common council, - - 6 

Qualification of voters, . . - . 6 

Vacancy, liow filled, - . _ _ - 7 

Aldermen, ------ 7 

Vacancy, how filled. ----- 7 

Three inspectors appointed. - - - - 7 

Certificate of election, ----- 7 

Mayor shall give notice of, - - - - 8 

Inspectors may keep peace, - - - - 8 

Duty of sherifl" and police at, - - - - 8 

If a tie, inspector's duty, ----- 8 

Polls to be kept open in charter elections from 8 to 4, 9 

When certificate of filed with clerk he shall give notice, - 9 

Municipal, how contested, - - - - 9 

Testimony, how taken, ----- 9 

Ballots to be handed to sheriff, - - - 9 

Notice of contest ; fees, ----- 9 

Trial and judgment, ----- 10 

Convention shall meet for, of officers and agents, - 11 

Term of those annually elected, - - - \i 

Of justice of the peace, - - - - - 47 

Inspectors to be appointed, - - _ - 48 

EXHIBITIONS. 

lioAv taxed, ------ 28 

Ordinance regulating, - - - - 170 

FACTORIES. Ordinance relating to, - - - - 110 

FENCES. 

May be removed or pulled down, . - . 14 

Partj^, may be regulated, - - - - - 15 

City may require, ----- 42 

Ordinance regulating, ----- m 

FERRIES. City may open and establish, - - - 16 

FISH. 

Inspecrion of, - - - - - "13, 16 

Sale of may be prohibited, except in market, - 14 

FLOUR. Inspection of, - - - - - - 16 

FINANCIAL YEAR, . . - . . 35 



INDEX. 423 

Index to Ordinances will be found on page 217. 



FINES. 

May be imposed and appropriated, - - - 14 

For failing to pay revenue, - - - - 29 

How may be enforced, - - - - - 45 

Ordinance relating to, _ . . _ 72 
Mode of enforcing, &c., ----- 72 

FIRE WARDS. Establish may, - - - - 14 

FIRE COMPANIES. " " . - . . 14 
FIRES. 

City tnaj prevent and extinguish, - - - 14 
To incorporate hook and ladder company. No. 1, and 

fire companies Nos. 3, 6, 7, - - - - 368 

Exempt from militia and jury duty, - - - 369 

How new companies may be organized, - - - 370 
Foremen shall hand a list of members to the sheriff 

quarterly, _ _ . _ _ 370 

FIRE ENGINES. 

Company No. 2 exempt from militia dutj^, - - 371 
Neptune, No. 1 and 2, exempt from militia and pa- 
trol dutj', and commissioners may exempt from 
road tax, ------ 371 

Extended to hook and ladder, - - - 371 

No. 2 exempt from jury duty and road tax, - - 371 

Franklin Co., " " " - - 371 

Captain of Perseverance, No. 1, same exemptions, - 371 

No. 4, - - - - - - - 372 

All may enjoy same exemptions as No. 4, on comply- 
ing with same terms, - - - - 373 

FIREWARDENS. Exempt from jury dutj^, - - 373 

FIRE ENGINE. Torrent Co. No. 5, incorporated, - - 373 

FIRE COMPANIES. To raise a fund for benefit of, - 374 

FIRE DEPARTMENT ASSOCIATION. Incorporated, - 375 

FIRE. Ordinance relating to, - - - - 112 

FIRE DEPARTMENT. 

Ordinance relating to, - - - - -112 

Ordinance to create, - - - - - 119 

FIRE. 

Precautionary measures relating to, - - - 117 

Board to investigate origin of, - - - - 119 

FIRE-WOOD. 

Inspection of, - - - - - -16 

Ordinance relating to, _ - - _ 133 



424 



INDEX. 



Index to Ordinances will be found on page 217. 



FRENCH. 

Occupation of Jlobile, _ . . 

Titles to land, laws of Congress to settle, 
FORFEITURES. 

May be imposed and appropriated, 

How enforced, ----- 

Ordinance relating to, - - - 

FREE NEGROES. 

jMeetings of, &c., city may prevent, 

How they may be punished, - - - 

Ordinance relating to, - . - 
" " (note), 

FUND, SECRET. Ordinance relating to, 
GAMBLING. 

May be prohibited, - - - - 

Ordinance relating to, - 
GAME. Sale of may be prohibited except in market, 
GAMES. Public, how taxed, - - - - 

GAS LIGHT. Contract, - - - - 

GOVERNMENT STREET. Shall be 100 feet wide, - 
GOVERNORS. 

Of the territory, including Mobile, under France, 
" " " " " Endaud, 



Spain, 



GUARD. 

City maj- establish. 
Mayor shall appoint, - 
Shall execute process. 
Ordinance relating to, 
GUNPOWDER. Ordinance relating 



to. 



HARBOR MASTER. 

Elected, - - - 

Wardens elected. 

Shall have office and keep records, 

Regulate ships, boats, etc., 

Penalty for refusal to obey, - 

Sickness of, warden to act. 

To inspect and survey. 

To inspect cotton and merchandise. 

Direct sale, etc., 

To survey vessels, 

Fees for survey, 



PACE 

284 
306 

14 
45 



15 

15 

119 

120 

- 16 

1-1. 
121 

14 

28 

405 

46 

285 
286 
286 

14,18 

18 

44 

156 

162 

38 
38 
38 
38 
39 
39 
39 
39 
39 
40 
40 



INDEX. 425 
Index to Ordinances will be found on page 217. 

HARBOR MASTER. (Continued.) page 
Fees, ------- 40 

Disposition of revenue, - - - - 41 

No one connected with an insurance company to be - 41 

Direct where ballast to be discharged, - - 41 
Penalty for, ------ 41 

Boats to be inspected,(see note), - . . 41 

Duties thereon (see note), - - - - 41 

HAWKING AND PEDDLING. Ordinance relating to, - 121 

HAY. 

Inspection of, - - - - - - 136 

Ordinance relating to, - - - - 136 

HEALTH ORDINANCE. 

Physicians appointed to carry out, shall give opinions 

in writing, ----- 44 

HEALTH. 

Ordinance relating to, - - - - - 122 

Board of, ------ 122 

Duty of citizens as to, - - - - - 123 

Quarantine, ------ 125 

HOSPITALS. 

City may erect, &c., - - - - - 14 

Passenger tax of ^2 for, - - - _ 37 

Ordinance as to government of (note) - - - ■ 134 

Established, - - - - - - 130 

Officers and duties, _ _ - - - 130 

Regulations, ------ 133 

Pest-house, - - - - - -134 

Private, ------ 134 

HOUSE OF CORRECTION. City may establish, - - 14 

HOUSE, PEST. 

City may establish, ----- 14 

Ordinance relating to, - - - - - 134 

HOUSE, WORK. City may establish, - - - 14 

HOUSES, PUBLIC, Ordinance relating to, - - - 135 

IDLE OR DISORDERLY PERSONS. 

How dealt with, ----- 15 

INSPECTORS OF ELECTIONS. 

Three appointed, ------ 7 

Shall give certificate of election, - _ - 7 
Maj'- keep peace, ------ 8 

Duty, when there is a tie vote, - - - 8 



426 



INDEX. 



ludes to Ordinances will be found on page 217. 



INSPECTORS OF ELECTIONS. (Continued.) pagb 

Ballots to be deposited with sheriff", . - - 8 

For election of justice of the peace, - - - 48 

ILL FAME. Persons of, how dealt with, - - - 15 

INDECENT CONDUCT. How punished, - - - 15 

INSPECTION. 

Of staves, tobacco, tar, pitch, turpentine, rosin, fish, 

flour, oil. How city may establish, - - - 13 

Of salt and oil. City may establish, - - - 13 
Of lumber, fire-wood, flour, beef, pork, fish, and salt 

provisions. May be appointed by city, - - 16 

INSURRECTION OR INVASION. 

In case of, mayor may call on volunteer regiment, - 18 

JUSTICE OF THE PEACE. 

Mayor, aldermen and councilmen vested with certain 

powers of, . _ _ - _ 16,44 

Duties therein, and appeal, - - - - 44 

Fines may be coerced, as in cases pending before, - 45 

One for each ward, for three years, - - - 47 

Shall keep docket and hand over to judge of probate, 47 

JUROR. 

Defaulting, how punished, - - - - 43 

How summoned, &c., - - - - - 44 

Ordinance relating to, _ . . - 143 

JUSTICES. 

Elected out of city not to hold office within, - - 48 

City appoints inspectors of election, - - - 48 

How punished for malpractice in office, (note to,) - 48 

KITES. Ordinance relating to, - - - - 143 

LABOR. 

When imposed as a punishment, - - - - 15,16 

Ordinance relating to, - - - - - "72 
LAMPS. May be erected, ----- 14 
LANGUAGE. Indecent, in streets, how persons guilty of 

may be punished, - - - - - 15 

LASCIVIOUS LIFE. Persons of, how punished, - - 15 
LAME PERSONS. City has same power as county ofiicers over, 37 

LEWD PERSONS. How dealt witli, - - - - 15 
LICENSE. 

City may, retailers, hacks, carriages, wagons, carts, 

drays, and pawnbrokers, - - - - 14 



INDEX. 



427 



Index to Ordinances will be found on page 217. 



LICENSE. {Continued.) 

Chimney sweepers, - - 

Tax on business, - - 

In three grades, &c., _ - - . 

LIQUIDS, INSPECTION OF. Ordinance relating to, 

LOITEKERS. About tippling-houses, how dealt with, - 

LOTS. 

City may require fences, . - . - 

" " " to be cleaned, - - - 

Side-walks to be made before, - - 
May be surveyed, ----- 
Ordinance relating to, - 

LUMBER. 

Inspection of, - 
Ordinance relating to, - 

MAYORS OF MOBILE. 

Since incorporation to 1858, - 

Created, ------ 

Eligibility of, - 

Election of, - - - - - 

Term of office, - - - _ . 

Vacancy, how filled, - - . - 

Oath of, - - - - - , - 

Shall not contract with city, - - . 

■ To give notice of election, _ - - - 

How election contested, - - - - 

Who shall act for, when he is incapacitated, - 
In case of vacancy, - . - . 

Shall reside in city, ----- 

May call boards together. - . - 

Conservator of the peace, . _ . - 

Powers as to seamen, - _ - - 

See also note to page - - - - 

Shall see laws executed, - - - - 

Hold court every day, - - - - 

Shall report negligence of officers. 
Shall lay before boards, in writing, such alterations* 

and measures as he deems proper, &c.. 
Salary, ------ 

Duty in case of invasion, insurrection, &c., 
Shall appoint watchmen and police, - - - 

Powers and duty as to ordinances and resolutions, 
Duty as to assessment of taxes, - - - 



14 

31 

. 31 

137 

15 

42 

42 

42 

45 

143 

16 

137 

288 
3 
6 
6 



9 
10 
10 
10 
13 
16 
17 
17 
18 
18 
18 

18 
18 
18 
18 
19 
19 



428 



INDEX. 



Index to Ordinances will be found on page 217. 



MAYORS OF MOBILE. {Continued.) p^se 

Duty as to assessment of taxes on public balls, 

shows, exhibitions, theatrical entertainments, 

billiard tables, nine and ten-pin alleys, bowling 

alley's, and public games, and amusements, - - 28 

Duty as to any surplus after fund is satisfied each 

year, ------ 28 

Duty as to shelling, paving and planking streets, - 32 
With collector and president of council, elect port- 
wardens, - - - - - - 38 

Jones M. Withers, in 1858, - - - - 51 

MARSHAL. 

Shall aid to keep peace at elections, - - - 8 

Shall execute process, - - - - - 44 

MARKETS. 

Citj' may establish, ----- 14 

INIay prohibit sale of meat, poultry, fish or game, 

except in, - - - - - - 14 

City may purchase and provide for payment of, - 33 

Ordinance relating to, - - - - - 144 

" renting and allotment of stalls, - ■■ 144 

" clerk of, - - - - - 146 

" regulations, - - - . 147 

" stores in, - - - - - 166 

MEAT. Sale of, may be prohibited, except in market, - 14 

MEASURES AND WEIGHTS. 

City may regulate, ----- 16 

Ordinance relating to, - - - - - 139 

MECHANICS, MASTER. 

Committee of four appointed to measure work, - 35 

Duties, - - - - - - - 35, 36 

Mode of proceeding, ----- 35 

Determine as to quality of, - - - - 36 

Vacancies, how filled, ----- 36 

Compensation, ------ 36 

How recovered, _ . . - - 36 
Oath of office, ------ 36 

Ordmance relating to, - . _ - 140 

AHLITARY. Ordinance relating to, - - - - 150 

MILK. Ordinance regulating sale of, - - - 151 

MOBILE. 

Charter, ..-.-- 3-48 

Index to ordinances, - - - - - 217 



INDEX. 



429 



Index to Ordinances will be found on page 217. 



MOBILE. (Continued,) 

Ordinances, _ . _ . . 

Appendix, ---._. 

City authorities for 1858, - - - - 

Rules of aldermen, - - - - . 

" common council, - - - - 

Ordinance adopting code of ordinances. 
Occupation of by French, British, Spanish and 
American, _ . . _ . 

When settled, - - - - 

When ceded to Gieat Britain by France, 
When conquered by Spanish, - - . 

" ceded by Spain to France, 
" " " France to United States, 

" taken possession of by " " - . 

" incorporated as a town, - - - 

" " " city, - - - ■ 

Governors of, under France, - 

" " " English, - - - - 

" " " Spain, 

Commandants of, under France, 

" " " English, - 

" " " Spain, 

Presidents of, since incoporation, - - - 

Mayors " " " . - . 

Collectors of customs, - - . - 

Members of the general assembly. Senators, - 

" " " " " • House of Repre- 

sentatives, . . - _ . 

Judges of the county court, - - - 

" " " criminal court, - - - . 

" " " city court, - - - - 

" " " probate court, - - - . 

Acts of Congress, to settle titles to land under claims 
derived from the French, British and Spanish 
governments, ----- 
City debt of, funded in 1843, - - - . 

Report of finance committee in 1842, 
Meeting of citizens, - - - - . 

Circular of mayor to creditors of city, 
Act of Legislature approved February 11th, 1843, 
Deed to secure ci'editors in note to this Act, 
Report of committee, of bonds issued, 
Regulating justices of the peace in, 

" fees of constables in, - - - 



71-213 
281 
51 
55 
59 
63 

284 

- 284 
284 

- 284 
284 

- 284 
284 

- 285 
285 

- 285 
286 

- 286 
286 

- 287 
287 

- 288 
288 

- 290 
290 

291 

- 292 
293 

- 294 
294 



- 295 
318-346 

- 318 
332 

- 332 
336 

- 336 
346 

- 347 
347 



430 INDEX. 

Index to Ordinances will be found on page 217. 

MOBILE. (Contimied.) page 
Regulating remedy in cases of unlawful entry and de- 
tainer, ..--.. 353 

Better secui'ing mechanics, - - . - 348 

For protection of mechanics, - - - - 350 

For relief and protection of ship-carpenters, ship-join- 
ers and others, ----- 350 

More eifectually to secure the collection of rents, - 351 
County commissioners not to lay out, etc., roads in 

the city, ------ 357 

Polls to be opened at 8 o'clock in the morning, and 

closed at 6 P. M., at county elections, by sheriff, - 357 

Pilotage regulations, ----- 358 

1st Volunteer Regiment, ----- 365 

To divide 48th Regiment into 94th and 95th Regi- 
ments, ------ 367 

Review, etc., of 4th division of Alabama Militia, pro- 
vided for, ------ 367 

To incorporate Hook and Ladder Company, No. 1, 

and Fire Companies No. 3, 6 and 7, - - 368 
All fire companies may have the benefit of such Act, 

on complying with its terms, . . . 370 

Engine Company No. 2, - - - - 371 

Neptune Cos. No. 1 and 2, - - - - 371 

Hook and Ladder Co., . - - - 371 

Franklin Co., No. 3, - - - - - 371 

Captain of Perseverance Fire Co., - . - 371 

Merchant's Fire Co., No. 4, - - - - 372 

/ Its powers, &c., to be enjoyed by all fire companies, on 

their complying with its terms, - - - 373 

Fire wardens exempt from jury duty, - - 373 

Torrent Fire Co., No. 5, - - - - - 373 

Fund created for benefit of fire department, - - 374 

Fire department incorporated, - - - - 375 

Water-works, - - - - - - 378 

Act of December 20th, 1820, - - - - 378 

18th section of Act December 24th, 1824, - - 383 
Agreement between Hitchcock and the city, Dec. 

1st, 183G, ------ 383 

Act of Dec. 25th, 1837, 388 

Letter of Hitchcock to city, - - - - 390 

Report of committee thereon, . - - - 391 

Letter of Albert Stein to Henry Hitchcock, - - 392 
Act of January 7th, 1841, ratifying Stein's contract 

with city, ------ 395 



INDEX. 431 
Index to Ordinances will be found on page 217. 

MOBILE. {Continued.) page 
Stem's contract with city, . . - - 395 
Act Dec. 25tli, 1841, providing for means of purchas- 
ing use of water, by ad qibod damnum^ - - 402 
Act of Feb. 4th, 1846, authorizing Stein to sue before 

any justice of the peace, - - - - 404 

Gas contract with Jas. H. Caldwell, - - - 405 

MULATTOES. 

Meeting of may be prevented, . _ . 15 

How they may be punished, - - - - 15 

NEGROES. 

City may prevent meeting of, - - - 15 

How the}^ may be punished, - - - - 15 

Sale or hire of, may be regulated, - - - 42 

Brought for sale or hire, shall be registered, - - 42 

Free, ordinance relating to, - - - - 119 

Slaves, " « « . - - . 171 

NIGHT-WATCH. 

City may establish, ----- 14 

Mayor shall appoint, - - - - - 18 

Ordinance relating to, - - - _ 155 

NUISANCES. 

City may prevent and remove, - - - - 13 

" " " " " from lots, - - 42 

OCCUPATION OF MOBILE. 

Date of, by American, British, Spanish and French, - 284 

OFFICERS. 

To be elected by convention, - - - 22 

Of guard, appointed by mayor, - - - - 18 

Term of where annually elected, - - - 11 

OIL. Inspection of, - - - - - - 13 

ORDINANCES. 

May be adopted, - - - - - 16 

(See everywhere in Charter.) 
Fines, forfeitures, and penalties may be imposed for 

breach of, - - - - - - 14 

May adopt all necessary, - - - - iQ 

How originated and passed, - - - - 19 

Adopting code of ordinances, containing caption of all 

ordinances, ------ 63 

Seal established, -, - - - - 71 

Publication of, - - - - - - 72 

Mode of enforcing, - - - . . 72 

General provisions, - - - - - 77 

City attorney, . . _ _ _ gi 



432 



INDEX. 



Index to Ordinances will be found on page 217. 



ORDINANCES. {Continued.) page 
Balls, ------- 82 

Bells, ------- 82 

Bonds, for market, - - - - 83,86,87 

" for old debts, ----- 89,91 

" M. & 0. R. R. Co., . . -• - 92,93 

" for debts of 1858, (note,) . - - 96 

Burying grounds, ----- 98 

General regulations, - - _ - 98 

City sexton and duties, - - - - 99 

Carts, drays, wagons, &c., - - - - 101 

Coaclies, carriages, and cabs, . - - - 104 

Clerk of city, ------ 107 

Ditches, ------- 107 

Dogs, (note,) ------ 109 

Drums, - - - - - - - 110 

Factories, - - - - - - 110 

Fences, - - - _ • . - - HI 

Fires, - - - ■ - - - - 112 

Fire department, - - - - - 112 

Precautionary measures, _ - - _ 117 

Board to investigate origin of fires, . - - - 119 

Free negroes, ------ 119 

« " (see note to) - - - - 120 

Gaming, ------ 121 

Hawking and peddling, ----- 121 

Health, ------ 122 

Board of health, - - - - - 122 

Duty of citizens, - - _ . 123 

Quarantine, - - - - - 125 

Hospitals, city, established, - - - 130 

To define ofi:icers and duties, of city hospital, - 131 
Regulations of hospital, ----- 133 

Pest-house, (and note,) - . - . 134 

Private hospitals, - - - _ . 134 

Public houses, to regulate and license, - - 135 
Inspection of hay, - ----- 135 

" " liquids, ----- 137 

« " lumber, - - - - - 137 

. " " fire-wood, - - - - 138 

" " weights and measui'es, - - _ 139 

" " worfv, ----- 140 

To punish defaulting juries, - _ - - 143 

Kite, flying of, to prevent, - - _ - 143 

Respecting vacant lots - - - - j 143 

To establish and regulate markets, - - - 144 



INDEX. 433 

Index to Ordinances will be found on page 217. 
• 

ORDINANCES. {Continued.) p^ce 

Renting and allotment of stalls, - - - - 144 

Election and duties of clerk, - - - - 146 

Regulations of market, ----- 147 

Military, to establish armory, _ - _ 150 

To prevent sale of impure milk, - - - - 151 

To regulate passengers and transient persons, - 151 
To establish citizen's patrol, ---"*- 154 

Concerning }»awnbrokers, - - ' - - 155 

City police, regulations of. - - - _ 155 

City prison, ------ 160 

Secret fund, _--_-- 162 

Gunpowder, keeping of, - - - - 162 

Property of the city, - - - - . - 164 

Municipal buildings, - . - - 164 

Public squares, _ - - _ _ 165 

Stores in market and city property, - - 166 

Quarreling, &c., to prevent, - - - - 167 

Sabbath, observance of, - - - - 168 

Shows, theaters, &c., regulated, - - - -. 170 

Slaves, regulations of, - - _ - 171 

Sale and hire of, regulated, - - - - 173 

Regulating streets, ----- 175 

Streets established and opened, - - - - 175 

" regulated, ----- 177 

" numbered, (note to), - - - - 179 

" shelling, paving, and planking of, - - 180 
Side-walks regulated, ----- igl 

City surveyor, ------ 184 

Right of way to rail, shell, and plank roads, - 188,190 

To provide for assessment and collection of taxes, - 191 

Assessor and assessment of, - - - - 191 

Collector and collection of, - - - - 198 

Assessment and collection of license tax, - - 201 

To provide for a city treasurer, - _ - - 2O8 

To prevent vagrancy and disorderly conduct, - - 209 

Respecting water-works, - - - ' - - 210 

" wharves and water-fronts, - - 212 

Index to, - - - - - - - 217 

ORPHANS. City may bind out, - - - .37 

PATROLS. 

City may establish, - - - - - 14 

Ordinance rela^Jng to, - - - - 154 

PAVE '. City may, streets, - - - - - 32 



434 INDEX. 

Index to Ordinances will be found on page 217. 

> 

PASSENGERS. 

Taxed $2, - - .... 37 

Ordinance relating to, - - - - - 115 

PHYSICIANS. 

Appointed to carry into force health ordinances, - 44 

Shall give opinion in writing, - - - - 44 

PAWNBROKER. 

jMay be licensed, - - - - - 14 

Ordinance relating to, - - - - - 155 

PAUPERS. 

Persons likely to become, how dealt with, - - 15 

City has same powers as comity officers over, - - 37 

PENALTIES. 

May be imposed and appropriated, - - - 14 

" " " to collect revenue, ... 29 

How may be on mulattoes, &c., - - - - 15 

PENITENTIARY. 

City may establish, ----- 14 

Ordinance relating to, - - - - - 160 

PEST-HOUSE. 

City may establish, ----- 14 

Ordinance relating to, - - - - - 134 

PITCH. Inspection of, ..... 13 
PLANK. Streets, city may, ----- 32 

PORK. Inspection of, - - - - - 16 

PRESIDENTS OF MOBILE. Since incorporation, - - 288 

PROPERTY. 

City may hold, ------ 3 

May tax real and personal, - - - - 19, 15 

Purchasers under deed of trust to secure city debts, 

authorized to hold, - - - - - 25 

Tax on sold at auction, .... 27 

Tax on sold before stored, - - - - 27 

Ordinance relating to city, - - - - 164 

POLLS. 

To be kept open in charter elections, - - - 9 

Poll tax of $2 on passengers, - - . - 37 

" " on citizens, - - - - -.19 

POLICE. 

Duty of at elections, - - - - - . 8 



INDEX. 435 

Index to Ordinances will be found on page 217. 



POLICE. (Continued.) page 

City may establish, - - - - - 14, 18 

Mayor shall appoint, &c., - - - - 18 

Shall execute process, - - - - - 45 

Ordinance relating to, . . _ _ 155 

PORT-WARDENS. (See Harbor Master), - - - 38 

POULTRY. Sale of may be prohibited, except in market, - 14 

POWDER. Ordinance relating to, - - - - 162 

PRISON, CITY. Ordinance relating to, - - - 160 

PROSTITUTES. Public, how dealt with, - - - 15 

PROFESSION. License tax in three grades, - - 31 

PROPERTY, CITY. 

' Ordinance as to municipal buildings, . - - 164 

Public squares, _ . . - I65 

Stores in market and city property, - - 166 

PUBLIC AMUSEMENTS. May be licensed, - - 14 

PUMPS. May be established in streets, - - - 14 

PUBLICATION OF ORDINANCES, - - - 72 

PUBLIC HOUSES. Ordinance relating to, - - - 135 

QUALIFICATIONS. 

For mayor, aldermen and common council, - - 6 

Councilmen shall reside in ward, - _ - 6 
Of voters, -------6 

" " for aldermen, - . - - 6 

Aldermen, shall reside in ward, - - - - 6 

QUARRELING, &c. Ordinance to prevent, - - 167 

RETAILERS. May be licensed by city, - - - 14 

RESOLUTIONS. 

City may adopt all necessary, _ . . 16 

How originated and passed, - - - - 19 

ROSIN. Inspection of, - - - - - 13 

SALT. 

Inspection of, power for, - - - - - 13 

Provisions, " " _ . _ - 16 

SABBATH. Ordinance for observance of, - - - 168 

SALE. 

Of meat, poultry, fish, or game, may be prohibited, 

except at market, - - - - 14 

Slaves brought for, to be taxed, - - - - 16 



436 INDEX. 

Index to Ordinances will be found on page 217. 



SALE. {Continued.) page 

At auction, liow taxed, . . . . 27 

Of property, before stored, how taxed, - - - 27 

Negroes brought for, shall be registered, - - 42 

Sale of may be regulated, - - - 42 

SHERIFF'S DUX'S. 

At elections, ------ 8 

Shall take ballots, when election is contested, - - 9 

SECURITY. 

To be of good behavior, . - - - 15 

Ordinance relating to, - - - - - 72 

SECRET FUND. Ordinance relating to, - - - 162 

SEAMEN. jNIayor may hear and determine as to, in cer- 
tain cases, ------ 17 

(See note to page 37). 

SEXTON, CITY. Ordinance relating to, - - - 99 

SEAL, CITY. 

i\Iay be established, ----- 3 

Seal established, ----- 171 

SEWERS. 

City may keep in repair, ----- 14 

City may establish, ----- 16 

SHOWS. 

How taxed, - - - - - - 28 

Ordinance relating to, - _ - - 170 

SHELL. City may, streets, - - - - - 32 

SLAVES. 

Meeting of^ may be prevented, ' - - - 15 

For sale, to be taxed, - - - - - 16 

" " to be registered in clerk's office, - - 42 

For hire, " " u u . . 42 

City may regulate the sale and hiring of, - - 42 

Ordinance relating to, - - - - - 171 

Sale and hire of, - - - - - 173 

SIDE-WALKS. 

City may establish, - - - - - 16 

" " require, - - - - - ' 42 

Ordinance relating to, - - - - - 181 

SPANISH. 

Titles to lands, laws of Congress to settle, - - 295 

Occupation of Mobile, - - - - - 284 

STONE BUILDINGS. May be required, - - - 42 



INDEX. 



437 



Index to Ordinances will be found on page 217. 



STYLE OF CORPORATION, . - - - 

STAVES. Inspection of, power for, - - - 

STALLS. 

City may rent market, _ . _ . 

.Shall be two public, - - - - 

Ordinance relating to, - - - - 

STREET. 

Drnnk or begging in, how punished, 

Indecent or disorderly &c. conduct. 

City may keep in repair, - - - - 

May pave, shell or plank, - - _ _ 

Duty of mayor and surveyor as to, 

Tax collector shall collect assessment, 

How new, or alterations costing over ^500, may be 

made, _ _ _ . . 

How made, - _ _ _ - . 

Government, shall be 100 feet wide, 
City may change name of, - 
Ordinance to number houses, _ . _ 

" to open Dog River road, - 
Regulating, opened, etc., - - ' - 

Shelling, paving and planking, 
Side-walivs regulated, . - . _ 

City surveyor, _ _ _ _ . 

Right of way to rail, shell and plank roads. 
Squares, city may be divided into, 
SUE AND BE SUED. City may, 

SURVEYOR, CITY. 

Elected, ..--.- 

Office in municipal buildings, - - - 

Term, duties, compensation, vacancy, - 
Duty as to shelling, paving, and planking streets. 
Ordinance relating to, - 

SUPERINTENDENT OF WHARVES AND DOCKS. 

Appointed, and duties, - - - - 

Compensation and bond, - - - - 



177 



TAX. 



Assessor elected. 
Term and vacancy, how filled, 
■ Office in municipal buildings, 
Books shall be kept open, 
Shall make assessment, 



PAGE 

3 
13 

14 

14 

144 

15 
15 
14 

32 
32 

32 

45,46 

46 

46 

47 

179 

177 

175 

180 

181 

184 

187 

45 



12 

12 

12,13 

32 

■ 184 

34 
34 

- 11 
11 
12 
12 

20, 12 



438 



INDEX. 



Index to Ordinances will be found on page 217. 



TAX. (Continued.) 

Compensation, _ . - _ - 

Shall be freeholder in city, _ _ . 

Collector shall be freeholder in city - - - 

City may levy and collect, to carr}' out its powers. 
May levy taxes on all slaves brought to city for sale. 
May levy on real and personal property and poll tax, 
JNot exceeding 40 per centum, . . . 

May levy special to pay debts, - - - 

For 4 years, not exceeding 10 per centum. 
Valuation shall be cash, - - - - 

Assessment, how made, . . - - 

Assessment open to public, 

" notice of to be given, _ _ - 

" objections to, how made, 

" witnesses may be heard, 

, " mayor shalll issue his warrant. 

Collector shall collect, . . . . 

" may sell real or personal property, with- 
out exhausting personal, _ _ - 
On property of unknown owners, how collected, 
Form of certificate of sale for taxes. 
Collector shall put purchaser in possession, - 
Clerk shall record certificate. 
How property sold for ma^- be redeemed. 
Person failing to surrender possession guilty of un- 
lawful detainer, - - - - 
Form of certificate to person redeeming. 
How titles may be perfected, - - - 
Certificate is conclusive evidence, - - - 
Collector shall be charged with all of the assessment. 
How collector may relieve himself from charge of 

assessment, - 

Remains a lien until paid, . . . 

Collector shall from time to time offer for sale, 
Purchaser failing to pay taxes, forfeits his claim, and 

shall yield possession, - - - 

Failing to do so, guilty of unlawful detainer, 
Purchasers under deed of trust to secure city debts, 

enabled to hold property, - - . 

On real estate, to create a fund to pay city debt. 
Duty of collector thereof, ... 

On auction sales, l^o per cent., . - _ 

On property, sold before it is stored in the city, - 



12 
13 
13 
15 
16 
19 
25 

19 
19 
32,20 
20 
20 
20 
20 
20 
20 
21 

21 
21 

22 
22 
22 
23 

23 
23 
• 24 
24 
24 

25 
25 
25 

25 
25 

25 
26 
26 
27 
27 



INDEX. 439 

Index to Ordinances will be found on page 217. 



TAX. (^Continued.') pagb 
On public balls, shows, exhibitions, theatrical enter- 
tainments, billiard tables, nine and ten-pin al- 
leys, bowling alleys, public games, and public 
amusements, to be assessed by mayor and two 

presidents, . - - . . 28 

Surplus under Act of 1843, how disposed of, - - 28 
City may be compelled to carry out terms of Act of 

1843, -----. 28 

On itinerant or transient persons, - - - - 30 

License on business, in three grades, - - - 31 
Collector shall collect assessments for paving, shelling 

and planking streets, - - - - - 32 

To provide for payment of market or markets, - 33 

To pi'ovide for wharves, &c., - - - - 33 

Collector to pay to trustees, - - - - 33 

Poll, on passengers, of ^% - - - - 37 

Ordinance respecting, - - - - 191 

Ordinance respecting bonds, - - - - 83 

TOBACCO. Inspection of, power for, - - - 13 

TAR. Inspection of, - - - - - -13 

TESTIMONY. 

How taken in contests of municipal elections, - 9 

THEATRICAL AMUSEMENTS. 

May be licensed, - - - - - - 14 

How taxed, ----- 28 

Ordinance relating to, - - - - - 170 

TIPPLING-HOUSES. 

Persons loitering around, how punished, - - - •- 15 

TREASURER. 

Shall be clerk of council, - - - - 11 
Person wishing to redeem property sold for taxes, 

may pay amount to, - - - - - 23 

Form of certificate, ----- 23 

Ordinance relating to, - - - - - 208 

TRUSTEES. 

For wharves, ------ 33 

Shall pay bonds, &c., - - - ^ - - 33 

Establish charges, - - - - - 84 

Appoint superintendent, - - - - - 34 

Appoint clerks and agents, - - - . 34 

Shall make reports, -s - - - - 34 

To receive tax for, ----- 35 



440 INDEX. 

Index to Ordinances will be found on page 217. 

PAGE 

TURPENTINE. Inspection of, - - - - - 13 

VACANCY. 

Of mayor, ---._. jq 

How filled, - - - . - 10 

Aldermen, - - - • - - - 10 

How filled, ------ 11 

Councilmen, - - - ' - - - 10 

How filled, ----.. 11 

Of assessor, ------ H 

Ofsurvej'or, - - - - - -13 

Of master mechanics, ----- 36 

Of justice of the peace, - - - - - 48 

VAGRANTS. 

How dealt with, ----- 15 

Ordinance relating to, - - - . - - 209 

VESSELS. 

i\Iooi'ing of, regulate, city may - - - 13 

To provide for dockage on, - - - 34 

VETO. 

Slayor may, action of boards, - - - - 19 

"When, how passed, ----- 19 

VEHICLES. Ordinance relating to, - - . 104 

WARDS. 

Boundaries of, - - . - . 3 

First, ------- 4 

Second, ------ 4 

Third, - ------ 4 

Fourth, ------ 4 

Fifth, ------- 5 

Sixth, - - - - - 5 

Seventh, -------5 

One councilman from each, - - - - g 

Three aldermen " " _ . - - 5 
If aldermen or councilmen remove, office shall be 

vacated, ------ 11 

Money to be expended in, in proportion to taxes, - 29 

One justice elected in each, - - - - 47 

WAGONS. 

May be licensed, ------ 14 

Ordinance relating to, - - - - - 101 

WARDENS, PORT. 

Elected, ------- 38 



INDEX. 441 
Index to Ordinances will be found on page 217. 

WARDENS, PORT. (Contimied.) ' page 

Shall have an office, - - - - - 38 
(See Harbor Master.) 

WATCH, NIGHT. 

City may establish, - - - - - 14, 18 

Maj'or shall appoint, &c., - - - - 18 

Execute process, - - - - - 44 

Ordinance relating to, . _ - - 156 

WATER-WORKS. 

Acts, correspondence, &c., relating to, - - - 378 

Act December 20th, 1820, . - - - 378 

18th section of Act 24th December, 1824, - - 383 

Agreement between Hitchcock and the city, - - 383 

Act December 25th, 1837, - - - - 388 

Letter of H. Hitchcock to city, . . . 390 

Resolutions of city and contract with Hitchcock, - 391 

Act January 7th, 1841, and contract with Stein, - 395 

Act December 25th, 1841, - - - - 402 

Act February 4th, 1846, - - - - 404 

Ordinance respecting, - - - - - 210 

WEIGHTS AND MEASURES. 

City may regulate, - - - - - 16 

Ordinance relating to, - - - - - 139 

WELLS. City may sink, ----- 14 

WHARVES. 

City may purchase and regulate, - - - - 33 

" " appoint trustees, - - . - 33 

Powers of, - - - - - - 33 

Superintendent of, - - - - - 34 

Duties, bond and compensation, - - - - 34, 35 

Trustees shall report, &c., - - - . 34 

Tax may be levied, - - - - - 35 

Ordinance respecting, ----- 212 

WORK-HOUSE. City may establish, - - - - 14 

WORK. 

Measurers of, and duties, - - - - 35 

Mode of proceeding, - - - - - 35 

Determine as to quality, . . - - 36 

Vacancies, how filled, - - - - - 36 

Compensation, . - . . . 36 
How recovered, ------ 36 

Oath of office, . . - . 37 

Ordinance relating to, - - - - - 140 



442 INDEX. 

Index to Ordinances will be found on page 217. 

WOODEN BUILDIN.GS. p^™ 

Ma}^ be prohibited, - - - - - 42 

Erected since 1829, may be removed. - -. 43 

WOOD, FIEE. 

Inspection of, - - - - - - 16 

Ordinance relating to, - _ . - 138 

YEAR, FINANCIAL, - - - - - - 35 



ERRATA. 



On page 44 in the margin opposite 6th line from bottom, insert " Act 
1S50." 

On page 48 for 1831 read " 1821." 

On page -32, 11th line from bottom, " Pillows" should be " Pillans." 

On page G4 for § 68 read " § 71." 

" 65 add 1 from § 89 to § 118 and 2 from § 118 to § 162. 
" 66 for § 162 read "§ 166;" for § 171 read "§ 178." 
§ 165 read "§ 170;" for § 173 read "§ 182." 
§ 166 read " § 171 ;" for § 175 read " § 184." 
§ 167 read "§ 174 ;" for § 180 read " § 190." 
add 11 from § 183 to § 205. 
Ou page 67 for § 205 read " § 215." 

add 12 from § 216 to the § 415 inclusive. 
On page 123 for § 237 read "§ 137." 

On page 284 add to the 16th line from bottom, "and Forte Conde 
named Forte Charlotte." 

On page 285, 18th line from bottom, read " Sauville." 
" " " 13th "• " ' " " " De I'Epinay." 

" " " 5th " " " " " Vaudreuil." 

" 286, 17th " " top " " Calvo." 

" " " The sentence commencing " The Commandants of Mo- 
bile are here," should be under the next head. 

On page 286, 4tli line from bottom read " Drouot." 

" " 2d " " " " " Artaguette." 

" 287, 4th " " top " " Pre." 

" " " 7th " " " " " Farmer." 

" " " 4th " " bottom " " Mendieta." 
" 288, 9th " " top " " Degoutin." 

" " " 19th " " " " " Hermeterio." 

" " " 23d " " " " "Hermeterio." 

" " " bottom line read " Innerarity." 
" " 289, 4th line from bottom, read " Joseph Seawell." 

" 292, in 1853 instead of A Biileck, read " A. B. Meek." 
" " 336, 10th line from top, read " Charles A. Hoppin." 
" " " 14th " " bottom, read "John P. Remy," not 
Pamsey. 

On page 340, 7th line from bottom read " Bernody" not Bemody. 
" " 341, in note for Chartaug read " Chastang." 
" " 375, 4th line from bottom Pazles should read " Paglcs." 
'■• " 376, " " " top Fankersley should be "Tankersley." 



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